Renewable Energy Arbitration – Quo Vadis?
Implications of the Spanish Saga for International Investment Law
Abstract
Based on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.
Keywords
arbitration; bilateral investment treaties; BITs; climate change; dispute resolution; ECT; Energy Charter Treaty; energy transition; European Union; international arbitration; international law; investment law; investor-state dispute settlement; ISDS; renewable energyDOI
10.1163/9789004509344ISBN
9789004509344, 9789004509337, 9789004509344Publisher
BrillPublisher website
https://brill.com/Publication date and place
2023Imprint
NijhoffClassification
Public international law
Public international law: environment
International law: arbitration