ISDS Case Map
ECT
Energy Charter Treaty
In a final award, dated January 25, 2021, an ICSID tribunal ordered Spain to pay damages to German investors in compensation for the clawback of a subsidy regime.
European governments are losing patience in talks to modernise the controversial Energy Charter Treaty (ECT), according to leaked documents.
Under the Energy Charter Treaty, investors can sue governments for loss of future profits. Champions say this will be an ‘indispensable tool’ for the green transition.
This legal briefing explains how the implications of the Komstroy ruling, alongside other recent CJEU decisions, on pending and future intra-EU ISDS claims.
African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.
Former shareholders tried to collect $50 billion from Russia.
Five fossil fuel companies are already known to be seeking over $18 billion in compensation from governments over energy policy changes and most of these have been brought via the Energy Charter Treaty.
The Belgian Appeal Court delivered a landmark ruling in what Kazakhstan's legal representatives described as "one of the biggest frauds in the history of international arbitration."
Governments which enact climate legislation risk being sued for trillions of dollars by fossil fuel companies seeking compensation for lost revenue and stranded assets.
Kelag, one of the most important energy holding companies in Austria, referred Romania to the World Bank’s ICSID, accusing the country of violating the so-called Energy Charter Treaty.
