News & Analysis as of

Energy Sector Energy Charter Treaty

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

Spain’s exit of the Energy Charter Treaty is official: what now?

Hogan Lovells on

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14...more

Akin Gump Strauss Hauer & Feld LLP

UK to Withdraw from Energy Charter Treaty

On 22 February 2024, the UK announced it is withdrawing from the Energy Charter Treaty (ECT) on the basis that it is incompatible with the energy transition, being the 11th state to do so. However, ECT protections for...more

Proskauer - Minding Your Business

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

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT).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

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

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

Latham & Watkins LLP

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

Latham & Watkins LLP on

In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The...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

King & Spalding

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

King & Spalding on

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

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