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European Union › Investors › Energy Charter Treaty

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Latham & Watkins LLP

EU and Euratom to Withdraw From the Energy Charter Treaty: The End of an Era?

Latham & Watkins LLP on

The EU and Euratom will withdraw from the Energy Charter Treaty with Member States to support modernisation in the future. The European Council has adopted four decisions, confirming that the EU and Euratom will leave the...more

Jenner & Block

What Is the Future of Energy Charter Treaty (ECT)?

Jenner & Block on

The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more

Hogan Lovells

United Kingdom to withdraw from the Energy Charter Treaty

Hogan Lovells on

On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text....more

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

Proskauer - Minding Your Business on

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

King & Spalding

Protections for Hydrogen Projects Under the Modernized Energy Charter Treaty

King & Spalding on

For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections....more

White & Case LLP

Energy Transition and the Modernized Energy Charter Treaty

White & Case LLP on

In June 2022, the Contracting Parties to the Energy Charter Treaty ("ECT") announced an agreement in principle on the text of a modernized treaty. This modernization may have material consequences for state regulation and...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Vinson & Elkins LLP

Intra-EU Disputes Under the ECT, What Next?

Vinson & Elkins LLP on

In a judgment handed down on 2 September 2021,1 the European Court of Justice (“ECJ”) finally ruled that the investor-state arbitration clause, at Article 26 of the Energy Charter Treaty (“ECT”), does not apply to intra-EU...more

Akin Gump Strauss Hauer & Feld LLP

Recent ECT Claims - Impact for Energy Investors and Governments

Akin Gump Strauss Hauer & Feld LLP on

The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more

BCLP

International Investment Arbitration in Europe: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Akin Gump Strauss Hauer & Feld LLP

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

Akin Gump Strauss Hauer & Feld LLP on

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

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