Masdar Solar and Wind Cooperatief v. Spain

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Case Details

Year of Filing: 2014

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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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