PDF Statistics

Updated on 20 March 2021

Number of Arbitration Cases under the ECT: 136 cases

Procedural Rules Applied: 136 cases

Respondents: 136 cases

Nationality of Claimants: 136 cases*

* In case of double nationality of a claimant, both nationalities are taken into account;
A case may be instituted by more than one claimant.

Distribution of Arbitration Cases under the ECT by Energy Sources Involved: 136 cases*

* In five of these cases, it has not been possible to identify particular energy sources.
52 cases are still pending and in some of the cases, there is no publicly available information on the exact amounts claimed and/or awarded.

Intra-REIO Cases and Other Cases: 136 cases*

* Cases with mixed claimants are included in both categories. Therefore, the numbers indicated may be higher than the actual number of cases instituted in a given year.

Status of Arbitration Cases under the ECT: 136 cases

Outcome of Final Awards (72), including (4) Settlement Agreements Embodied in Awards

* Having found the State liable under another international agreement, the tribunal disimissed an alternative claim under the ECT.

Damages Claimed vs Damages Awarded

  Claim Award Ratio
Nykomb Synergetics Technology Holding A.B. v. Latvia (16 December 2003) LVL 7,097,680 LVL 1,600,000 23%
Petrobart Limited v. Kyrgyz Republic (29 March 2005) USD 4,084,652 USD 1,130,859 27.7%
Ioannis Kardassopoulos v. Georgia (3 March 2010) USD 15,850,137.901 USD 15.1 million 95.3%
Energoallians Ltd. v. Moldova (8 July 2010) MDL 243,577,971.11 MDL 195,547,212 80%
Khan Resources Inc., Khan Resources B.V., and Cauc Holding Company Ltd. v. Mongolia (10 January 2011) USD 326 million USD 80 million 24.5%
Remington Worldwide Limited v. Ukraine (28 April 2011) USD 36 million USD 4.5 million 12.5%
Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Ltd. v. Kazakhstan (19 December 2013) USD 2.6 billion USD 497,685,101 20%
Yukos Universal Limited v. Russian Federation (18 July 2014)
Hulley Enterprises Limited v. Russian Federation (18 July 2014)
Veteran Petroleum Limited v. Russian Federation (18 July 2014)
USD 114.174 billion USD 50.02 billion 43.8%
EDF International S.A. v. Hungary (4 December 2014) estim. EUR 300 million EUR 107 million 33.3%
Aktau Petrol Ticaret A.Ş. v. Kazakhstan (13 November 2017) USD 150 million USD 22.7 million 15.1%
Novenergia II - Energy & Environment (SCA) SICAR v. Spain (15 February 2018) EUR 61.3 million EUR 53.3 million 86.9%
Masdar Solar & Wind Cooperatief U.A. v. Spain (16 May 2018) EUR 260 million EUR 64.5 million* 24.8%
Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. v. Spain (15 June 2018) EUR 238 million EUR 112 million 47%
Foresight Luxembourg Solar 1 S.à.r.l. and others v. Spain (14 November 2018) EUR 50 million EUR 39 million 78%
Greentech Energy Systems A/S, NovEnergia II Energy & Environment (SCA) SICAR, and NovEnergia II Italian Portfolio S.A. v. Italy (23 December 2018) EUR 25.06 million EUR 11.9 million 47.5%
CEF Energia B.V. v. Italy (16 January 2019) EUR 10.3 million EUR 9.6 million 93.2%
9REN Holding S.à.r.l. v. Spain (31 May 2019) EUR 52.2 million EUR 41.76 million 80%
NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v. Spain (31 May 2019) EUR 393.6 million EUR 290.6 million 73.8%
Cube Energy SCA and others v. Spain (15 July 2019) EUR 74.1 million EUR 33.7 million 45.5%
SolEs Badajoz GmbH v. Spain (31 July 2019) EUR 97.7 million EUR 41 million 42%
InfraRed Environmental Infrastructure GP Limited v. Spain EUR 75.7 million EUR 28.2 million 37.5%
OperaFund Eco-Invest SICAV PLC Schwab Holding v. Spain (6 September 2019) EUR 42.8 million EUR 30 million 70%
RREEF Infrastructure (GP) Limited, RREEF Pan-European Infrastructure Two Lux S.à.r.l. v. Spain (11 December 2019) EUR 441 million EUR 59.6 million* 13.5%
Watkins Holdings S.à.r.l. and others v. Spain (21 January 2020) EUR 123.9 million EUR 77 million 62.1%
The PV Investors v. Spain (28 February 2020) EUR 1.16 billion EUR 91.1 million* 12.7%
ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH and InfraClass Energie 5 GmbH & Co. KG v. Italy (14 September 2020) EUR 28.6 million EUR 16 million 56%
RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Spain (18 December 2020) EUR 273 million EUR 28 million 10%
BayWa r.e. Renewable Energy GmbH and BayWa r.e. Asset Holding GmbH v. Spain (25 January 2021) EUR 61.9 million EUR 22 million 35.5%

* According to the Ministry for Ecological Transition and Demographic Challenge of Spain, the investors have submitted a waiver under Royal Decree-Law 17/2019, renouncing their right to collect damages in exchange for a new incentive scheme.

Allocation of Costs of Arbitration between Parties: 62 cases*

*Based on cases in which such information is publicly available.

Legal Costs: 62 cases*

*Based on cases in which such information is publicly available.

Type of Claimants: 136 cases*

 

* A case may be instituted by more than one claimant.

** Listed on Platts Top 250 Global Energy Company Rankings (2020) and/or UNCTAD's World's Top 100 Non-financial MNEs Ranked by Foreign Assets (2018).

Breaches Alleged: 77 cases*

* The remaining 59 cases are not considered due to lack of public information.

Breaches Found: 36 cases