ICSID, 16 May 2018, Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, no. ARB/14/1, Award

On 16 May 2018, an ICSID arbitral tribunal issued a final award on jurisdiction, merits and costs in favour of a Dutch investor against Spain. The dispute arose out of the Respondent’s reforms on the renewable energy market, undertaken from 2012 to 2014. All these regulatory modifications occurred after years of the State’s encouraging of [...]

2018-06-27T21:50:20+00:00 May 16th, 2018|ICSID, International awards|0 Comments

Cour de Cassation, 28 March 2018, Energoalians TOB v. Republic of Moldova (UNCITRAL), no. 16-16568

Energoalians started arbitration procedures, governed by the UNCITRAL Rules, on the basis of the Energy Charter, against the State of Moldova. By an award dated 2003 an arbitral tribunal found that the State was liable for a breach of the fair and equitable treatment and awarded reparation to the investor. Moldova initiated the annulment proceedings [...]

2018-06-27T22:20:00+00:00 March 28th, 2018|Cour de cassation|0 Comments

United State District Court, District of Columbia, 23 March 2018, Anatolie Stati, Gabriel Stati, Ascom Group, S.A., Terra Raf Trans Traiding Ltd., v. The Republic of Kazakhstan, no. 14-1638 (ABJ)

On 23 March 2018, the District Court denied Kazakhstan’s motion for reconsideration and confirmed the 500 million dollars award under the Energy Charter Treaty in favor of the Moldavian investors regarding oil use rights in Kazakhstan. When the investors sought enforcement in the United States, Kazakhstan opposed it on the grounds of fraud alleging that [...]

Paris Court of Appeal, 27 June 2017, Yukos, no. 15/11666

Russia requested that the French court acknowledge The Hague Tribunal decision of 20 April 2016 annulling the previous awards, detrimental to Russia. They also requested the confirmation of the orders that followed that decision, namely that the arbitration clause in the Energy Charter Treaty cannot be invoked against Russia. The Court considered the possibility to [...]