ECT

Energy Charter Treaty

Stati parties move to attach Republic of Kazakhstan assets after US court grants enforcement of US$520 million award
The Stati Parties have requested to enforce the award issued in their favor including by attaching Kazakh state commercial assets in the United States.
German government approves nuclear phaseout compensation
The German cabinet has confirmed that two utilities operating in Germany are entitled to compensation for losses stemming from the country's nuclear phaseout. The move is in line with an earlier top court ruling.
Spain loses its third millionaire arbitration award for the reduction of renewables
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
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.
French court upholds literal interpretation of investment treaty
A recent decision under the Energy Charter Treaty by France's highest court appears to signal a return to a literal interpretation by the French courts of international treaties.
US court grants enforcement of US$520 million award against Republic of Kazakhstan
US court issued its ruling in favor of the plaintiffs in Stati et al. v. Rep. of Kazakhstan, a long-running litigation concerning the Stati Parties' efforts to enforce a $520 million arbitral award under the Energy Charter Treaty.
Pakistan and the Energy Charter Treaty
Pakistan has been an observer to the Energy Charter Treaty (ECT) since 2005 and has subsequently indicated its intention to become a full member.
Solar wars: Part IV - The Eiser award was not a rogue one
The tribunal found that Novenergia’s investments were achieving a reasonable rate of return. However, the tribunal held that it was sufficient for the claim to succeed that Novenergia could show “quantifiable prejudice” compared with its position when it initially made its investment.
Solar wars: Part III - Return of the European Commission
On 26 December 2017, the Commission published its decision that attacked the ECT claims brought by investors against Spain (and other EU states).
Solar wars: Part II – The states strike back
One tribunal could interpret the effect of legislative provisions differently to another. So while Eiser opens up the prospect of more claims, Blusun may narrow the basis for claims.