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The (changing) landscape of investment arbitration in the energy sector after the Achmea judgment

Maxi Scherer, Queen Mary University of London

4th June 2018

International arbitration in the energy sector is an important and increasingly complex topic. For instance, the last couple of years have seen a significant rise in the number of investment claims in the renewable energy sector, and a wave of ECT claims have made Europe among the regions of the world with the most ICSID cases. In particular, reforms to solar energy subsidy regimes have led to more than 30 cases against Spain, nine against Italy, seven against the Czech Republic, and four against Bulgaria. Unsurprisingly, ICSID’s latest statistics show that disputes arising in the energy sector globally comprised more cases than any other industry sector, with 24% of registered cases in 2017.

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Image credit: Karsten Würth (@inf1783) via Unsplash

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