International Energy Arbitrations

Shepherd, Finkelman, Miller & Shah, LLP (SFMS) has assembled a team of professionals to represent clients suffering investment losses in connection with international energy projects and, specifically, investors who have been negatively affected by changes in European government subsidization of photovoltaic and other clean energy projects on a retroactive or otherwise capricious basis.

Specifically, SFMS currently is investigating claims on behalf of a number of clients to pursue before the International Centre for Settlement of Investment Disputes (ICSID), based in Washington, D.C., that are predicated on violations of the Energy Charter Treaty (ECT), http://www.energycharter.org, and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, https://icsid.worldbank.org/ICSID/ StaticFiles/ basicdoc/partA.htm.

For a scholarly discussion of the ECT, including its history and certain proceedings pursued under the ECT, please see Hober, Investment Arbitration and the Energy Charter Treaty, Oxford Jnl of Int. Dispute Settlement, at Volume 1, Issue 1 at 153-190 (2010) https:jids.oxfordjournals.org/content /1/1/153.full. For a more general overview of proceedings and the resolution of disputes under the ECT, please see the helpful international arbitration report regarding the ECT at http://www.nortonrosefulbright.com/files/energy-charter-treaty-115911.pdf.

SFMS has assembled an impressive team of law professors (based in Italy and Switzerland), as well as economists and damages experts (based in Europe and the United States), all of whom have substantial experience in such matters, to assist our clients in prosecuting these claims. SFMS has particular skill in representing alternative energy investors who have been damaged by modifications in state subsidy and reimbursement schemes. We are currently evaluating such claims for a number of international investors and welcome the opportunity to speak with other investors who may have been similarly impacted.

If you have any questions regarding SFMS's International Energy Arbitration practice, please contact James E. Miller ( jmiller@sfmslaw.com) or Nathan Zipperian ( nzipperian@sfmslaw.com), or call 866-540-5505.