RE: Ombrina Mare23 Dec 2018 06:19
Rockhopper vs Italy – How an oil company could make millions with wells it never built
Since May 2017 UK-based oil and gas company Rockhopper has been suing Italy over the state’s refusal to grant a concession for oil drilling in the Adriatic Ombrina Mare field. The refusal came after the Italian Parliament banned all new oil and gas operations near the country’s coast in 2016 amidst concerns over the environment, high earthquake risks, and strong opposition to the projects from residents. Rockhopper claims compensation for its sunk costs of about US$40 to $50 million – and for the US$200 to $300 million which it could have made with the oil field had it not been banned.
The case is intriguing because it shows how the ECT can be used to…
… circumvent public opposition to dirty energy projects: The Italian Parliament’s ban on new drilling projects near the Italian shore followed a decade of protests and campaigning by residents in many coastal regions of Italy. In April 2013 around 40,000 people – “from the Catholic church to rasta-haired youth groups, from the local tourist industry to coastal mayors, regardless of their political affiliation” as campaigners described it – took to the streets in Pescara to protest against the Ombrina Mare project. They could now pay a high price for having pushed the Italian Parliament to halt new climate-wrecking oil drilling.
… sue countries after they have left the agreement: After being hit by its first multi-million euro claim under the ECT, Italy announced it was leaving the treaty at the end of 2014. Rockhopper led its ECT claim against the country 27 months later. This is possible because of the deeply anti-democratic survival or ‘zombie’ clause, which allows the ECT investor rights to live on even after a country has pulled out of the treaty. For investments made before Italy’s withdrawal took effect (on 1 January 2016) the country can still be sued for two more decades under the ECT, ie until 1 January 2036. So while the country is already the second most sued state under the ECT, and despite having left, Italy could still be subject to many more claims.
… let deep-pocketed financiers put extra litigious heat on countries:
Rockhopper’s legal costs are funded by an unknown litigation financier who will cash in a share of the eventual award.29 This allows the company to draw out the proceedings, increasing Italy’s defence costs and making the country more likely to cave in to corporate demands. As such funding arrangements do not have to be disclosed in ECT- proceedings, potential conflicts of interest an arbitrator might have due to ties with the funder might never be un-earthed.