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Eiser and Energia Solar Luxembourg v. Spain

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Case Details

Year of Filing: 2013

Case Status: Annulment Concluded

Claimant(s): Eiser Infrastructure Ltd. and Energia Solar Luxembourg S.a.r.l

Respondent(s): Kingdom of Spain

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Energy Charter Treaty

Administrative Case Number: ARB/13/36

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Eiser and Energia Solar Luxembourg v. Spain

Analysis: Eiser v. Spain annulment committee stresses its role as guardian of the ICSID system, imposes a “high” bar for double hatting, and finds that numerous undisclosed past and present connections between an arbitrator and the claimants’ quantum experts warrants annulment of the underlying award Jun 12, 2020
Breaking: 128+ million EUR Spanish renewables award is annulled, as ad-hoc committee finds fault with arbitrator’s undisclosed relationship to claimants’ damages experts Jun 11, 2020
Spain round-up: an update on new rulings, imminent ones, and new cases Aug 8, 2019
ICSID annulment committee allows European Commission to intervene in an ECT case, but limits intervention to EC’s complaint about earlier tribunal’s decision to oblige amicus curiae to make costs undertakings Mar 26, 2019
European Commission weaponizes recent member state declarations on Achmea in order to contest enforcement of ECT award Mar 19, 2019
European Commission warns of potential action over Spain’s payment of investment treaty awards in renewable energy cases Jan 18, 2018
ICSID selects three panellists to hear Spain’s bid to overturn unfavourable solar-dispute award Oct 24, 2017
As Spain seeks to annul Energy Charter Treaty award, government hires outside law firm and complains about arbitrator’s relationship with damages experts  Jul 27, 2017
In depth: arbitrators in Eiser award deem ECT to protect against “total” and unreasonable regulatory change, but tax measure is excluded; Spain fails in bid to admit favourable SCC award into evidence May 11, 2017
Spain’s arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector May 5, 2017
Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary Dec 24, 2014
European Commission wades into solar arbitrations against Spain, intervening in one case a week before final hearings Nov 17, 2014
As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals Jul 15, 2014
Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID Jan 1, 2014