Broken promises: legal recourse for retroactive FIT cuts
Generous feed-in tariffs, a short-lived boom and retroactive cuts – the early stages of large-scale solar deployment in Europe followed a regrettable pattern. Project developers have increasingly turned to the legal system for restitution, and many have been successful, writes Daniel R. Meagher, a partner in Winston & Strawn’s international arbitration practice.
Many countries around the world have implemented feed-in tariff (FIT) incentive regimes to foster the development of PV, and in some cases they have gone on to scale back those regimes, inflicting damage on those who invested based on those incentives. Some investors, seeking redress before arbitral tribunals, have relied on international treaties to make …
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