News & Analysis as of September 18, 2024

Energy Sector

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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 -

EU Member States reach agreement on ECT arbitration clause

Hogan Lovells on 7/2/2024

On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

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

Jenner & Block on 5/24/2024

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

Battery storage M&A powers into 2024

White & Case LLP on 5/21/2024

Battery energy storage systems (BESS), which enable utility companies and grid operators to access pools of surplus renewable energy on demand that would otherwise be wasted, play a central role in the global energy...more

Global business in a changing Europe - 2024

A&O Shearman on 3/22/2024

With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to...more

10 lessons in sustainability regulation

A&O Shearman on 3/7/2024

Creating an effective regulatory framework will be critical to deliver Net Zero. But does that mean more – or less – regulation? From trade agreements to taxonomies, carbon adjustment mechanisms to corporate sustainability...more

Europe Energy and Infrastructure M&A: Risks and Opportunities in 2024

Vinson & Elkins LLP on 2/14/2024

Rising interest rates and stubbornly high inflation contributed to a subdued deals market in 2023. There was, however, no shortage of M&A highlights across the energy and infrastructure sectors, including the year’s two...more

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

Proskauer - Minding Your Business on 1/16/2024

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

Megadeals highlight resilience of construction and EMU industries

White & Case LLP on 12/21/2023

Consolidation and alternative energy drive big-ticket energy, mining and utilities M&A - Global dealmaking in the construction and energy, mining and utilities (EMU) sectors has cooled over the course of 2023. There were...more

International News: Spotlight on Foreign Investment

McDermott Will & Emery on 12/20/2023

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Private capital's place in the Middle East energy transition

A&O Shearman on 11/29/2023

Ambitious plans for renewable energy projects will create long-term opportunities for private funds and sovereign investors in the region, say Ben Ward and Kamar Jaffer. They explore the trends in private markets and what...more

UAE looks to sustainable finance to boost transition

A&O Shearman on 11/28/2023

There is a growing awareness and demand in the UAE for sustainable investment opportunities. To meet this demand, Jodi Norman and Will Tunstall-Prince explain how recent reforms are now putting sustainable finance at the...more

Infrastructure Insights - October 2023

Latham & Watkins LLP on 10/26/2023

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Delivering Net Zero by 2050: the $200 trillion opportunity

A&O Shearman on 9/25/2023

Until now, however, no comprehensive estimate existed of the of that opportunity, (or, to put it another way, the size of the financing gap between committed spending and the investment needed to deliver Net Zero by 2050...more

There is no turning back for the global energy transition

White & Case LLP on 2/2/2023

Ambitious net-zero targets will unquestionably be the biggest catalyst for M&A in the energy sector for years to come - The race is on to achieve carbon neutrality, and this is providing one of the biggest investment...more

Global M&A fails to impress in the third quarter

White & Case LLP on 10/27/2022

Following on from two robust first quarters, global M&A activity succumbed to prolonged market uncertainty in the third quarter. A total of 5,163 deals worth a total of US$731.3 billion changed hands during the quarter...more

Energy Transition and the Modernized Energy Charter Treaty

White & Case LLP on 9/23/2022

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

EU’s Sustainable Investing Taxonomy to Include Gas and Nuclear Sector Products – EU Parliament Vote

Akin Gump Strauss Hauer & Feld LLP on 9/6/2022

The European Parliament has rejected a motion to remove gas and nuclear investment products from the EU’s sustainable investment taxonomy, surprising many who consider their inclusion to be greenwashing. This article...more

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on 8/18/2022

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

Renewables push drives M&A in Japan’s energy sector

White & Case LLP on 5/6/2022

Ambitious decarbonization targets and high investment returns are drawing interest from both local and international buyers - M&A in Japan’s energy and utilities sectors has reached a new peak in recent years, with 24 deals...more

Energy Transition and Investor-State Disputes

White & Case LLP on 4/8/2022

Past and current investor-state disputes relating to the energy transition may provide valuable lessons for what lies ahead. The global energy sector is transitioning from fossil fuels to increased use of renewable energy....more

International News: Spotlight on the Energy Industry - Issue 2 2021

McDermott Will & Emery on 10/5/2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors...more

JONES DAY TALKS®: Riding the Green Bond Wave: Focus is on Standards as Volumes Surge

Jones Day on 7/22/2020

Takeaways from this discussion: • Green bond issuance is surging worldwide, surpassing US$257 billion in 2019. • Major corporates, including many not usually associated with climate initiatives, are bringing green...more

Antitrust Issues In Renewable Energy

Vinson & Elkins LLP on 6/22/2020

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of...more

Recent ECT Claims - Impact for Energy Investors and Governments

Akin Gump Strauss Hauer & Feld LLP on 10/21/2019

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

International Investment Arbitration in Europe: Year in Review 2015

BCLP on 5/31/2016

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

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