solar

Opinion

Retrofitting to improve asset performance – the opportunities and challenges

24/10/2019

With the Feed-in Tariff now closed to new applicants (from 1 April 2019), the Smart Export Guarantee currently under consultation with a government busy with the Brexit agenda, stubbornly high costs of entry to new entrants (such as high grid upgrade costs), the required rates of return for investors have not been reached and as a result there has been a noticeable slowdown in the roll-out of new renewables projects.

Opinion

Solar Wars Part XI: The EC Strikes Back

12/09/2019

Solar Wars Part X considered the continued willingness of arbitral tribunals to accept jurisdiction to hear claims under the Energy Charter Treaty (ECT) by EU investors against EU Member States, despite the judgment of the Court of Justice of the European Union in Slovak Republic v Achmea (Case C-284/16), which held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law. As a result, Spain was on the receiving end of five awards made May – August 2019. However, not all Member States which reformed their renewable incentive schemes are in the same situation; and the European Commission (EC) is taking steps to reduce the prospect of future claims by demanding the reform the ECT itself.

Renewables/Energy Transition

Solar Wars Part X: The force is strong with investors

20/08/2019

Previous Solar Wars articles explained how arbitral tribunals considering intra-EU claims under the Energy Charter Treaty (ECT) have consistently rejected the application of judgment of the Court of Justice of the European Union in Slovak Republic v Achmea (Case C-284/16), which held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law.

Renewables/Energy Transition

Solar Wars IX: The saga continues

15/05/2019

Previous Solar Wars articles reported on the numerous claims for breach of the Energy Charter Treaty (ECT) by EU investors against EU states such as Spain following the curtailment of those states' renewable incentive schemes.

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