2015
Eskosol v. Italy Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50)
Italy
Italy
Investments in a 120 megawatt photovoltaic energy project in Italy.
Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects. According to the claimant, two State measures adopted in March and May 2011 (the Romani Decree and the Fourth Energy Account) rendered its photovoltaic project unviable and led to the company’s bankruptcy.
Tertiary: D - Electricity, gas, steam and air conditioning supply
35 - Electricity, gas, steam and air conditioning supply
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Tawil, G. S.
Dupuy, P.-M. (replaced)
Stern, B.
Kalicki, J. E.
Decided in favour of State
Data not available
Data not available
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause

Indirect expropriation
None - all claims dismissed at the merits stage
None