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Netherlands faces ISDS threat after decision to ban coal-based power generation by 2030
16-Sep-2019 AFTINET
German company Uniper has threatened to bring an ISDS case against the Dutch government after a decision to ban coal-based power generation by 2030.
Luxembourg leads EU push to climate-proof Energy Charter Treaty
4-Sep-2019 Euractiv
Critics say the Energy Charter provides excessive legal protection for oil and gas companies, which can claim uncapped reparations from governments who frustrate investments in fossil fuel projects.
Spain loses another dispute over premium cuts on renewables
7-Aug-2019 Renewables Now
Spain will have to pay EUR 41 million to German solar investor SolEs Badajoz GmbH for retroactively cutting long-term premiums for renewable energy projects.
Nord Stream 2 takes unusual legal step against the Commission
29-Jul-2019 Euractiv
The Nord Stream 2 pipeline company has asked the Court of Justice of the EU to annul the amendments to the Gas Directive but Nord Stream 2 reserves itself this option of resorting to legal arbitration as well.
Nord Stream 2, EU drifting towards legal arbitration
19-Jul-2019 Euractiv
The European Commission and the Nord Stream 2 gas pipeline company are heading toward legal arbitration in their dispute, with a risk of huge fines for EU taxpayers.
Ascent Resources starts legal action over Petišovci gas field
17-Jul-2019 Total Slovenia News
Ascent Resources plans to lodge an investment treaty arbitration claim under the Energy Charter Treaty.
Nord Stream 2 invokes Energy Charter Treaty to challenge EU gas link rules
25-Apr-2019 S&P Global
EU plans to extend its internal energy market rules to Russia’s Nord Stream 2 natural gas link to Germany could breach the Energy Charter Treaty, which protects international investors, according to the Swiss-registered company building it.
NextEra Energy wins dispute against Spain
15-Mar-2019 Renewables Now
The ICSID ruled against Spain in a case brought by NextEra Energy Inc regarding the US utility’s lost investments in two 49.9-MW concentrated solar power plants.
Most EU countries to terminate intra-bloc bilateral investment treaties
18-Jan-2019 New Europe
22 of the 28 EU nations have committed to terminate their bilateral investment treaties and use their influence as home states and respondent-states to notify tribunals of the non-arbitrability of intra-EU bilateral investment treaties and Energy Charter Treaty claims.
Arbitration against the Kingdom of Spain: final award
16-Nov-2018 Globe Newswire
The net award for Athena Investments amounts to approx. EUR 11M.
How the lobbies used the threat of ISDS to neuter the Hulot Act
27-Oct-2018 Le Monde
The documents highlight for the first time the pressure placed on the French parliament by a foreign company’s threat to use the ISDS mechanism.
US arbitration court can rule on Vattenfall’s German nuclear claim
5-Sep-2018 Reuters
A US arbitration court has rejected a German government petition that said the panel had no right to rule on a damages claim by Sweden’s Vattenfall. Berlin cited a ruling by the Court of Justice of the European Union.
Energy Charter Treaty: Draft model investment dispute prevention and management protocol
5-Sep-2018
Drafted by the Energy Charter Secretariat
One Treaty to rule them all
13-Jun-2018 TNI
The ever-expanding Energy Charter Treaty and the power it gives corporations to halt the energy transition.
Spain loses its third millionaire arbitration award for the reduction of renewables
18-May-2018 Turkey Telegraph
ICSID imposes a fine of 64.5 million euros for a claim by a fund of the state of Abu Dhabi.
Germany says Vattenfall has no grounds to seek arbitration over nuclear phase-out
9-May-2018 Reuters
Swedish utility Vattenfall has no legal grounds to ask a US arbitration court if it can claim 4.7 billion euros from Berlin for forcing it to halt nuclear production, the German government has said.
Spain to pay compensation to renewables investors
26-Feb-2018 Wind Power
In a second international ruling against retroactive cuts in renewables support introduced by the Spanish government in 2013, a Swedish arbitration panel has awarded a Luxembourg-based investment firm €53 million compensation.
Kazakhstan’s frozen billions sound alarm for sovereign funds
21-Feb-2018 Reuters
The case is one of several brought to courts in Europe by Moldovan businessman Anatolie Stati who is attempting to force the Kazakh government to pay up in a dispute about his energy investments in the oil-rich country.
When climate leaders protect dirty investments
9-Nov-2017 Project Syndicate
Much of the problem can be traced to bilateral investment treaties and investment rules embedded within broader trade pacts.
Spain loses first arbitration claim over cuts to renewable energy subsidies
9-May-2017 El País
Spain has lost its first international arbitration process over cuts to renewable energy subsidies