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ARTICLE · 24 JULY 2018

Solar Wars Part IV: The Eiser Award Was Not A Rogue One

Clyde & Co
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In our previous Solar Wars articles, we considered the 2016 and 2017 arbitral awards in respect of investors' claims...

United KingdomLitigation, Mediation & Arbitration
Richard Power
Richard Power
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In our previous Solar Wars articles, we considered the 2016 and 2017 arbitral awards in respect of investors' claims under the Energy Charter Treaty (ECT) arising out of the curtailment of renewable incentive schemes across Europe; as well as the European Commission's (EC) comments on those claims. Like some sort of sci-fi epic producing numerous sequels, another chapter in this story was written last week with reports emerging of an award against Spain in the case of Novenergia v Spain (SCC Case No. V2015/063); and reports that Spain is seeking to remove an arbitrator sitting on some of the remaining claims which it faces.

Legitimate expectation: a significant hurdle for investors

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