Solar Wars Part XI: The EC Strikes Back

Solar Wars Part X considered the continued willingness of arbitral tribunals to accept jurisdiction to hear claims under the Energy Charter Treaty (ECT) by EU investors against EU Member States, despite the judgment of the Court of Justice of the European Union in Slovak Republic v Achmea (Case C-284/16), which held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law. As a result, Spain was on the receiving end of five awards made May – August 2019. However, not all Member States which reformed their renewable incentive schemes are in the same situation; and the European Commission (EC) is taking steps to reduce the prospect of future claims by demanding the reform the ECT itself.