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International Arbitration Energy Sector European Union

Jenner & Block

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

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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

Bracewell LLP

Expert Determination in the Energy Sector – When Will the Courts Intervene?

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It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...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

White & Case LLP

Energy Transition and Investor-State Disputes

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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

Akin Gump Strauss Hauer & Feld LLP

Recent ECT Claims - Impact for Energy Investors and Governments

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

WilmerHale

Investment Disputes Arising From Regulatory Changes in Clean Energy

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This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...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

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