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Masdar Solar and Wind Cooperatief v. Spain

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Case Details

Year of Filing: 2014

Case Status: Annulment Concluded

Claimant(s): Masdar Solar and Wind Cooperatief U.A.

Respondent(s): Kingdom of Spain

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Energy Charter Treaty

Administrative Case Number: ARB/14/1

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Prior IAReporter Coverage of Masdar Solar and Wind Cooperatief v. Spain

Masdar v. Spain case is discontinued Dec 1, 2020
Group of renewables investors waive their arbitration rights in order to benefit from Spain’s new incentives scheme Oct 5, 2020
ICSID ad hoc committee declines to continue stay of enforcement of intra-EU Masdar v. Spain award, but orders the investor to pledge repayment of sums received in case of annulment May 26, 2020
Spain files for annulment of Cube Infrastructure Fund award, while ad-hoc committee is reconstituted in Masdar v. Spain Nov 19, 2019
Spanish solar cases at ICSID: one award is challenged, and ad-hoc committee is formed to hear another previously-filed annulment application May 31, 2019
ICSID tribunal decides that it does not have the power to stay the enforcement of its award while a supplementary decision request is pending Oct 1, 2018
In now-public Masdar award, tribunal says Achmea ruling has “no bearing” upon ECT dispute, finds that Spain reneged on specific commitments, but disagrees on appropriateness of discounted cash-flow method   May 20, 2018
Beechey, Born and Stern agree on FET breach, but not on damages; tribunal opines that recent ECJ judgment has “no bearing upon” Energy Charter Treaty-based claims May 17, 2018
Another loss for Spain, as arbitrators rule in favour of Abu Dhabi-owned company May 16, 2018
ANALYSIS: Spain immediately seeks to test whether ECJ judgment reaches to Energy Charter Treaty cases; however request to reopen two closed proceedings also raises specter of arbitrator challenge Mar 9, 2018
Spain seeks to disqualify arbitrator Gary Born from sitting in solar cases following his strong dissent in JSW Solar v. Czech Republic Feb 15, 2018
ANALYSIS: where do matters stand with respect to Energy Charter Treaty claims against Spain? Sep 28, 2016
European Commission wades into solar arbitrations against Spain, intervening in one case a week before final hearings Nov 17, 2014
Round-up: NAFTA case vs. Mexico linked to unpaid ICC award; panels named in Masdar v. Spain & Lahoud v. DRC; UK investor, Krederi, sues Ukraine Jul 23, 2014
ICSID’s first claim of 2014 is brought against Spain by Masdar, a Dutch subsidiary of U.A.E. renewable energy company Feb 12, 2014