Broken Promises: Legal Recourse for Retroactive FIT Cuts

This article was originally published in PV Magazine. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the author’s opinions only. 

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 their claims.

Indeed, more than 50 such international arbitration proceedings have already been brought against Spain, Italy, and the Czech Republic alone. The rulings arising from those arbitration proceedings – many of which are public – will have an impact on future claims pursued by PV investors against governments.

Read more about Dan Meagher’s thoughts on the retroactive FIT cuts here.