Energy & environment

Most investor-state disputes (ISDS) have concerned environmental matters. As of end of 2014, about 41% of all ICSID cases were energy and natural resources-related.

Most well-known cases include:

• Lone Pine Resources (US) vs. Canada: the investor challenged Quebec’s moratorium on the controversial practice of hydraulic fracturing, or fracking, for natural gas. The provincial government declared the moratorium in 2011 so as to conduct an environmental impact assessment of the extraction method widely accused of leaching chemicals and gases into groundwater and the air. Case pending (NAFTA invoked).

• Bilcon (US) vs. Canada: the US industry challenged Canadian environmental requirements affecting their plans to open a basalt quarry and a marine terminal in Nova Scotia. Bilcon won – damages still pending (NAFTA invoked).

• Vattenfall (Sweden) vs. Germany: in 2007 the Swedish energy corporation was granted a provisional permit to build a coal-fired power plant near the city of Hamburg. In an effort to protect the Elbe river from the waste waters dumped from the plant, environmental restrictions were added before the final approval of its construction. The investor initiated a dispute, arguing it would make the project unviable. The case was ultimately settled in 2011, with the city of Hamburg agreeing to the lowering of environmental standards (ECT invoked).

(October 2015)

Cinco Días | 21-Mar-2019
De los 44 arbitrajes registrados, 17 encaran su fase final este año. El Ciadi acaba de dar la razón a Demeter y Cube, en un octavo laudo
Churchill Mining | 20-Mar-2019
The annulment committee has dismissed Churchill’s application for annulment of the award for the dispute arising out of the revocation of the mining licenses that made up the East Kutai Coal Project in East Kalimantan.
Australian Mining | 19-Mar-2019
Kingsgate has been fighting the Thai Government and its insurers over the cancelled Chatree goldmine after it was denied renewal of its metallurgical licence.
TASS | 15-Mar-2019
A Berlin court has ordered former shareholders of Hally’s Parsons Green, linked to now defunct oil company Yukos, to compensate Russia its legal costs to the tune of 188,000 euros.
Bloomberg | 15-Mar-2019
Venezuela’s opposition leader and self-proclaimed president Juan Guaido plans to appeal a $8.75 billion award issued to ConocoPhillips by the World Bank’s arbitration tribunal last week.
Renewables Now | 15-Mar-2019
The ICSID ruled against Spain in a case brought by NextEra Energy Inc regarding the US utility’s lost investments in two 49.9-MW concentrated solar power plants.
Kluwer Arbitration Blog | 14-Mar-2019
The ongoing Rockhopper case may become a benchmark for future cases on the horizon, following Italy’s decision to crack down on hydrocarbon explorations and extractions.
CIAR Global | 12-Mar-2019
Una filial panameña de la italiana Enel Green Power, Enel Fortuna ha presentado una demanda de arbitraje de inversiones contra Panamá ante el Ciadi.
Proactiveinvestors | 12-Mar-2019
The company said illegal blockades have prevented access to the Amulsar gold project since late June 2018.
Clifford Chance | 11-Mar-2019
UK investors could seek to move their investments to jurisdiction such as Singapore and Hong Kong where they can take advantage of investment treaty protection, if a potential new Labour govenment were to nationalise public services.

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