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Clyde & Co

Opinion

Using drones to mitigate pollution losses

The development of drone technology is beginning to touch on a wide range of industries, sectors and aspects of life.  Significant media attention has been dedicated both to beneficial uses of drones, such as unmanned aerial vehicle ("UAV") military reconnaissance missions, as well as the disruption which the misuse of drones can cause, such as the closure of Gatwick airport.

Opinion

What do low prices mean for LNG developers?

Liquefied natural gas (LNG) prices across the globe are being described as low currently, with some sections of the media reporting that spot prices in Asia have dropped to seasonal lows as we embark on what could be a mild winter.

Energy Transition

Solar Wars Part VII: Attack of the tribunals

Previous Solar Wars articles have considered whether claims by EU investors against Spain and other EU states under the Energy Charter Treaty (ECT) would be affected by the decision of the Court of Justice of the European Union (CJEU) in Slovak Republic v Achmea (Case C-284/16). That case held that an arbitration clause in bilateral investment treaty (BIT) between two EU states contravened EU law. The decisions in Masdar Solar & Wind Cooperatief U.A. v Spain (see Solar Wars Part V) and Antin Infrastructure v Spain (see Solar Wars Part VI) indicated that ECT tribunals were taking a consistent line in rejecting the application of Achmea to intra-EU ECT claims. Two recent awards appear to confirm this trend.

Energy Transition

Solar Wars Part III: Return of the European Commission

In our Solar Wars articles published on 9 and 10 January 2018, we examined the arbitral awards made in late 2016 and 2017 in respect of investors' claims under the Energy Charter Treaty (ECT) in connection with the curtailment of renewable incentive schemes across Europe.

Opinion

Opinion: How can the government reboot the capacity market?

On February 14 Toshiba announced that it was no longer willing to take construction risk on the Moorside nuclear plants. This puts thousands of new nuclear jobs in the rural Cumbrian constituency at risk -anything but a Valentine's Day gift.

Opinion

Opinion: The risk of tainted funds

If you suspect a business counterparty is implicated in bribery and corruption what should you do? How do you protect your business from being tainted by the actions of your counterparty? Are your assets at risk?