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ECT


Sweden sued for $1.8 billion due to environmental regulation
For the first time, Sweden has recieved a notice of arbitration for banning the exploration and mining of uranium.
EU governments under pressure to quit Energy Charter Treaty
Climate campaigners are demanding that European Union countries pull out of the treaty unless they can negotiate an end to the pact’s investor-state dispute mechanism.
Open letter on the Energy Charter Treaty (ECT)
We – 278 environmental, climate, consumer, development, and trade related civil society groups, as well as trade unions – believe that the ECT is incompatible with the implementation of the Paris Climate Agreement.
Investors still waging war with Spain over retroactive cuts
Spain has offered an olive branch in its long-running legal battle with renewables developers. But the fight isn’t over yet.
Spain is ordered to pay damages of EUR 290.6 million in NextEra renewable energy case
An ICSID tribunal ordered Spain to pay two Dutch investors EUR 290.6 million in compensation for its breach of the FET standard under ECT
Spain offers green energy investors incentives to drop lawsuits
The government will offer subsidies which will allow investors that abandon litigation to maintain their current profitability rate of 7.39% until 2031.
Spain held liable for breach of FET under the ECT for frustrating legitimate expectations of 9REN, a Luxembourg-based renewable energy investor
An ICSID tribunal held that Spain violated Fair and Equitable Treatment under the Energy Charter Treaty.
Modernizing the Energy Charter Treaty: A make-or-break moment for sustainable, climate-friendly energy policy
In investor–state dispute settlement (ISDS), ironies do occasionally occur. Sometimes they’re bitter. Sometimes they’re carbon-intensive. Sometimes they’re radioactive.
Aura Energy files claim against Sweden to recover losses following uranian mining ban
Aura Energy lodged a claim against Sweden to recover the losses incurred from the Haggan uranium project following the country’s decision to ban uranian mining.
It’s time to scrap the Energy Charter Treaty
The EU taxpayer is the main loser from the continuation of the Energy Charter Treaty which locks Europe into carbon and energy injustice at a high cost to taxpayers.
Hungría torpedea a España en los arbitrajes renovables al aliarse con los fondos en EEUU
Una empresa estatal húngara se persona en los pleitos en Washington como aliada de los demandantes. Quiere mantener la jurisdicción del Banco Mundial frente al Tribunal de la UE.
Recent ECT claims - Impact for energy investors and governments
More claims from energy companies in the coming months and years, as more states enact legislation aimed at reducing reliance on fossil fuels and change incentive programs for renewable energy providers.
Russia strengthens its position in Yukos case over past three years — defense rep
The Russian side appealed that a number of provisions of the Energy Charter Treaty could not be applied to the Russian Federation because it did not ratify it.
Nord Stream 2 sues EU using ISDS
The company building the controversial Nord Stream 2 gas pipeline from Russia to Germany under the Baltic Sea today sued the European Union over new gas rules it says are threatening its investments in the project.
The Energy Charter Treaty (ECT): Assessing its geopolitical, climate and financial impacts
The Energy Charter Treaty is a multilateral agreement that grants binding protection for foreign investors and includes also binding provisions for free trade and freedom of transit of energy materials and products.
Europe’s Green Deal is under threat from Energy Charter Treaty
The EU and its member states should collectively withdraw from the Energy Charter Treaty, which protects fossil fuel investments.
In yet another solar energy incentives case against Italy, ECT tribunal applying proportionality test finds breach of legitimate expectations
This claim to the long series of cases arising out of Italy’s reform of its scheme of incentive tariffs for solar energy.
Netherlands faces ISDS threat after decision to ban coal-based power generation by 2030
German company Uniper has threatened to bring an ISDS case against the Dutch government after a decision to ban coal-based power generation by 2030.
Solar Wars part XI: The EC strikes back
The European Commission is taking steps to reduce the prospect of future claims by demanding the reform of the Energy Charter Treaty.
Luxembourg leads EU push to climate-proof Energy Charter Treaty
Critics say the Energy Charter provides excessive legal protection for oil and gas companies, which can claim uncapped reparations from governments who frustrate investments in fossil fuel projects.