Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more
With the entering into force of the European Union’s (“EU”) Critical Raw Materials Act (“CRMA”), the memorandum of understanding between the EU and Serbia and the European Bank for Reconstruction and Development (“EBRD”) and...more
9/3/2024
/ Energy Tax Incentives ,
EU ,
European Commission ,
Exploitation ,
Inflation Reduction Act (IRA) ,
International Energy Agency (IEA) ,
Mineral Exploration ,
Serbia ,
Supply Chain ,
Tax Credits ,
UK
On 19 July 2024, the European Union (EU) and the Republic of Serbia (“Serbia”) signed a Memorandum of Understanding (“MoU”) creating a strategic partnership on sustainable raw materials, battery value chains and electric...more
8/8/2024
/ Climate Action Plan ,
Climate Change ,
Commodities ,
Electric Vehicles ,
Energy Policy ,
Environmental Policies ,
EU ,
Infrastructure ,
Memorandum of Understanding ,
Mineral Extraction ,
Serbia ,
Strategic Partnerships ,
Supply Agreements ,
Supply Chain ,
Sustainable Projects
Reliable supplies of critical raw materials are essential for the green transition and to ensure the competitiveness of key national industries. The Inflation Reduction Act (IRA) in the US and the European Union’s Critical...more
The IRA and CRMA are the clearest results of a race to reclaim control over critical raw materials following the global supply chain vulnerabilities exposed during the pandemic and exacerbated by Russia’s invasion of Ukraine,...more
Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with...more
5/6/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Justice (DOJ) ,
Economic Sanctions ,
EU ,
Foreign Aid ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Statute of Limitations ,
Taiwan ,
TikTok ,
UK ,
Ukraine
On 22 February 2024, the UK government confirmed the UK’s withdrawal from the Energy Charter Treaty (ECT), blaming a failure of efforts to modernise the treaty and align it with net zero aims. The UK joins nine EU member...more
The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more
Bond markets have been in upheaval recently, with knock-on impacts on decisions on whether to make or defend calls on performance security on construction projects.
In the first quarter of this year, we saw the continued...more
Through Council Regulation (EU) 2022/328 of February 25, 2022, the European Union introduced new sanctions relating to, among other things, Russian aggression in Ukraine...more
Since February 24, 2022, Russia’s invasion of Ukraine has led to unimaginable human suffering, a growing refugee crisis and a rising death toll. The invasion sparked a global response as governments moved to sanction the...more
3/30/2022
/ Airspace ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Markets ,
Insurance Industry ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
In a judgment handed down on 2 September 2021,1 the European Court of Justice (“ECJ”) finally ruled that the investor-state arbitration clause, at Article 26 of the Energy Charter Treaty (“ECT”), does not apply to intra-EU...more