Alternative dispute resolution in the green tariff sector

Payment delays and the need for alternatives

Delays in green tariff payments are a major issue for solar power plant (SPP) owners. Litigation is not always efficient — it can drag on for months or years. Alternatives such as mediation, negotiations, and international legal protection may yield faster and better results.

This article focuses on two mechanisms: debt restructuring negotiations and international remedies.

Mediation and debt restructuring negotiations

What is mediation in green tariff disputes

Mediation is a process where a neutral third party helps resolve disputes. For green tariff debt, it’s a way to avoid lengthy litigation.

Benefits of mediation for SPP owners

• Quicker resolution

• Flexible arrangements

• Confidentiality

• Preserving business relations

Debt restructuring negotiations

If the state acknowledges the debt, possible solutions include:

• Installment payments

• Deferred payment with guarantees

• Interest compensation for delays

Legal firms can support negotiations with SE “Guaranteed Buyer,” the Ministry of Energy, NEURC, and banks.

Challenging state actions internationally

When domestic remedies fail, international legal action may be necessary.

When to escalate internationally

• Local courts are slow or ineffective

• The state breaches investment treaties

• Foreign investors’ rights are violated

Main international mechanisms

• ICSID

• European Court of Human Rights

• Arbitration under the Energy Charter

Legal strategy

• Collecting evidence

• Involving international experts

• Filing official complaints to the tribunal

Conclusions and recommendations

• Mediation and negotiation offer fast, cost-effective solutions

• Restructuring gives phased, guaranteed repayment

• International tribunals provide a remedy when local systems fail

• Legal support from international-experienced firms is essential

Protecting green energy investments is not just economic logic — it is a legal tool for securing sector stability and honoring Ukraine’s international obligations