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Part II Investor-State Arbitration in the Energy Sector, 11 ECT and Renewable Energy Disputes

Norah Gallagher

From: International Arbitration in the Energy Sector

Edited By: Maxi Scherer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022

Host state law — Treaty provisions — Recognition and enforcement

This chapter discusses the Energy Charter Treaty (ECT) and renewable energy disputes in more detail. It begins with an overview of the framework of national and international regulations in the renewable energy sector. Next, the chapter looks at a recent series of ECT cases filed by investors in the renewable (predominantly solar) energy sector against Bulgaria, the Czech Republic, Italy, and Spain. The chapter compares this recent wave of arbitrations in the renewables sector with the first arbitration award rendered under the ECT, which also concerned incentives to encourage investments for cleaner energy. It concludes with reflections on whether Italy's decision to withdraw from the ECT was influenced by these most recent cases filed against it.

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