GAR Volume 14 - Issue 4
Since the European Court of Justice handed down its decision in the Achmea case, one of the key questions has been whether the judgment applies to intra-EU investment disputes filed under the Energy Charter Treaty (ECT).
The question is particularly pertinent for Spain, as the country has faced some 40 investment treaty cases filed over reforms to its solar sector. The state has raised jurisdictional objections in a number of those cases based on the ECJ’s decision – so far without any known success.
During a session at GAR Live: BITs earlier this year, King & Spalding partner Ken Fleuriet – who is acting in almost 20 cases on behalf of solar investors bringing claims under the ECT – and former Spanish Ministry of Justice attorney Amaia Rivas Kortazar went head to head on the issue for our cover story
We also feature a piece by lawyers from Herbert Smith Freehills, which takes a look at how investment treaty tribunals have dealt with the issue of international human rights law in the years following the Urbaser v Argentina decision in 2016.
Building on that theme, a look-back to a session from last year’s GAR Live: Energy in London asks how suitable private claims are for resolving public wrongs. Consensus from the session is that the ISDS process can suit victims, who are often “just private parties wanting compensation”.
This year we also held our inaugural GAR Live: Mumbai, where a panel considered proposed reforms to India’s arbitration law – including controversial provisions for a regulatory body with the power to grade institutions and new qualification requirements for arbitrators.
In this magazine:
GAR Live: Mumbai
Features Achmea and the ECT: Investor and state perspectives
Human rights in ISDS: where are we now?
GAR Live Look-back: Energy
GAR Live Look-back: London