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The new space race: Managing disputes risks in a lawless and limitless environment

The dynamics of the new space race significantly increase disputes risks as space becomes more congested and the competition to get ahead intensifies. Until recently, the thought of humans reaching outer space as tourists...more

Mining and manufacturing in outer space: The new frontier in disputes risks

Exploiting natural resources, manufacturing products and growing food in space are now well within the realms of possibility. Identifying, assessing and mitigating disputes risks arising from these activities pose a...more

Managing future disputes risks

Disputes risks are an ever-present part of doing business. Indeed, for some, these risks are built into their business model. They like to move fast and accept they may break some things. Disputes are part of the cost of...more

Decarbonisation disputes: the evolving frontier of climate-related risk

The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

The UK Electricity Generator Levy

Electricity Generation Levy Update....more

Low Carbon Windfall Tax Take 2: The Electricity Generator Levy

The Chancellor’s Autumn Statement announced the introduction of a new windfall tax of 45% on the “extraordinary profits” of low carbon electricity generators, via the Electricity Generator Levy (the Generator Levy)....more

UK Energy Prices Bill: A windfall tax for low carbon generation?

Few issues have grabbed public attention recently more than the increase in energy prices for consumers. The sudden increase in the price of gas on the wholesale market has both unnerved politicians and thrown into sharp...more

10/17/2022  /  Electricity , Energy Sector , UK , Wholesale

2022 Empirical Study: Costs, Damages and Duration in Investor-State Arbitration in the CEE Region

This study examines over 100 investor-State cases, which involved countries of Central and Eastern Europe (CEE) as respondent States and were conducted under ICSID, UNCITRAL and other arbitration rules and gives a...more

Structuring investments in 2022: time to rethink

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

Litigating legal black holes

More activity and more private actors in space means more disputes. Understand how and where those disputes will be resolved to prepare your business. Our global experts bring together multi-sectoral expertise to assess the...more

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

Intra-EU disputes cannot be arbitrated under the Energy Charter Treaty, says the Court of Justice of the European Union

On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more

Country and sustainability risk mitigation: a briefing for energy and mining investors

The transition of the global economy to align with the Paris Agreement aims and the UN Sustainable Development Goals is presenting many opportunities for energy and mining investors. However, it is occurring alongside a...more

France considers retroactive solar tariffs cuts, at the risk of facing investment-treaty claims

On 13 November 2020, the French National Assembly (Assemblée nationale) approved an amendment to the draft Finance Law (Projet de loi de finances) for 2021, which seeks to implement a “targeted retroactive revision” of the...more

An introduction to the EU-Canada Comprehensive Economic and Trade Agreement (CETA)

An introduction to the EU-Canada Comprehensive Economic and Trade Agreement (CETA) - Introduction - The Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada that provisionally entered into force...more

The General Court comes to Miculas’ aid

Introduction - In a decision rendered on 18 June 2019 (joint Cases T 624/15, T 694/15 and T 704/15), the General Court of the European Union (the Court) annulled the European Commission’s (the EC) decision 2015/1570 of 30...more

Jurisdictional objections based on CJEU's Achmea judgment fail in Energy Charter Treaty arbitration

ICSID tribunal retains jurisdiction, rejecting Germany and European Commission’s arguments that intra-EU arbitration under ECT incompatible with EU law - On 31 August 2018, the arbitral Tribunal hearing the claim by...more

Government of Ontario terminates renewable energy contracts

Investors see contracts unilaterally 'wound down' or renegotiated - On 5 July 2018, Ontario's Minister of Energy, Greg Rickford, issued an Executive Order to the Independent Electricity System Operator (IESO) directing it...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Briefing note: New laws create potential for arbitration claims against Tanzania

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more

European Commission’s Draft Investment Chapter For TTIP: Towards The End Of Investment Treaties As We Know Them?

If it ever sees the light of day (and the politics on both sides of the Atlantic are complicated), it will be a broad free trade agreement (FTA) with 24 chapters on, among other things, market access for goods and services,...more

Haiti’s Overdue Elections: ‘Unfavourable Conditions’ for Foreign Investment

It is a truism that political risk to foreign investment increases in the vicinity of changes of power in host states, including where change comes about democratically. In one of many investment treaty arbitrations arising...more

10/9/2014
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