On 10 October 2023, the Lauterpacht Centre for International Law at the University of Cambridge hosted a Seminar on ‘International investment law and arbitration in the renewable energy sector – Quo Vadis?’ ArbitralWomen member Ana Stanič (E&A Law Director) spoke on ‘Energy transition investment disputes: recent cases and future trends’ alongside Dr Filip Balcerzak, Assistant Professor and Chair of the Faculty of Law and Administration at dam Mickiewicz University (Poland), Dr Ana Maria Daza Vargas, Lecturer in International Law and Director of Internationalisation at University of Edinburgh (UK), Dr Markus Gehring, Associate Professor at the University of Cambridge (UK), Dr Joanna Gomula, Fellow at the Lauterpacht Centre for International Law, University of Cambridge (Session Chair & Moderator), Prof Winfried Huck Professor for International and European Economic Law at the Ostfalia University of Applied Sciences (Germany), Simon Maynard, Counsel at King & Spalding (London, UK), Dr Tibisay Morgandi, Associate Professor in International Energy and Natural Resources Law at Queen Mary University of London (UK), and Professor Zvenyslava Opeida, Associate Professor at National University of Kyiv-Mohyla Academy (Ukraine).
The Seminar provided an opportunity to discuss the future of international investment law and arbitration in the renewable energy sector given the steps taken by EU Member States to withdraw from the Energy Charter Treaty (ECT) and abandon its modernisation.
Given her experience in advising energy companies and states on energy transition projects, drafting the legislative framework regarding hydrogen, as well as disputes arising from energy transition. Ana Stanič discussed the challenges expected from the recent cases and possible future trends. Dr Filip Balcerzak highlighted the lessons learned from the ‘Spanish Saga’ cases, whilst Dr Daza Vargas discussed the typology of risks associated with energy transition and sustainability projects. Dr Markus Gehring discussed EU investment agreements and their relevance for the renewable energy sector. Dr Joanna Gomula and Professor Zvenyslava Opeida reviewed the WTO framework and its dispute settlement mechanism from the viewpoint of renewable energy. Professor Winfried Huck discussed the interface between hydrogen, SDGs and investment law. Simon Maynard and Dr Tibisay Morgandi both discussed the lost opportunity to modernise the Energy Charter Treaty.
Submitted by Ana Stanič, ArbitralWomen member, Founder, E&A Law, London, UK