ECJ Won't Weigh In On Treaty Arbitration Dispute, For Now

Law360 (April 26, 2019, 7:03 PM EDT) -- A Swedish court has rejected Spain's bid to ask Europe's top court whether the Energy Charter Treaty's arbitration clause is invalid under European Union law, dealing a blow to the country as it fights enforcement of millions of euros worth of arbitral awards issued over solar energy regulatory reforms.

The Svea Court of Appeal's decision on Thursday denying Spain's request was issued in a case the country had brought to set aside a more than €53.3 million ($59.5 million) award issued to Novenergia II-Energy & Environment (SCA). The defunct Luxembourg renewable energy investor had won the award after a Stockholm tribunal...

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