Renewable Energy Investment Disputes: Recent Developments And Implications For Prospective Energy Market Reforms

This chapter analyses some central Renewable Energy disputes that have arisen under the ECT, most notably those involving Spain and Italy. Section 2 starts by describing the regulatory changes that led to the ECT disputes. Section 3 continues with an examination of the various arbitral awards. Further, this chapter puts the various ECT awards in perspective with the energy market reforms proposed by the EC in the ‘Clean Energy for All Europeans’ package, also often referred to as the ‘ Winter Package’. More specifically, it analyses to what extent these reforms may affect RES investors and identifies potential investment disputes that may arise.