Topic: Komstroy

The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty. 

02 September 2022

London-listed oil and gas company Rockhopper Exploration says it has won €190 million plus interest in an Energy Charter Treaty claim over Italy’s refusal to grant a concession for an oilfield on the country’s Adriatic coast.

24 August 2022

Uniper says it has agreed to withdraw a controversial Energy Charter Treaty claim against the Netherlands over climate change legislation as a condition of a €15 billion bailout from the German government, as the company struggles to cope with the steep drop in supplies of Russian gas.

25 July 2022

US arbitrator and academic George Bermann has criticised the European Court of Justice at GAR Live Istanbul for “hypocrisy” and “opportunism” in its attack on intra-EU investment and (increasingly) commercial arbitration – while also highlighting “twilight issues” on which tribunals lack guidance.

18 July 2022

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings. 

21 June 2022

The European Federation for Investment Law and Arbitration has launched a "Young EFILA" network for practitioners aged under 40, kicking off its activities with a debate on whether the European Union remains an attractive investment destination in the wake of Achmea, Komstroy and PL Holdings. 

21 June 2022

A Berlin court has reportedly refused to declare that an Irish wind power investor’s ICSID claim against Germany under the Energy Charter Treaty is inadmissible because it is an intra-EU dispute.

26 May 2022

An ICSID committee has upheld the largest award yet issued against Spain over its renewable energy reforms, rejecting arguments that the investor had “unclean hands” or that the tribunal should not have agreed to hear an intra-EU dispute.

28 March 2022

Another ICSID tribunal has held Spain liable over its renewable energy reforms while dismissing the European Court of Justice’s recent observations on the Energy Charter Treaty in Komstroy as not binding or persuasive.

21 February 2022