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Another ICSID case involving Spanish renewables is discontinued following the adoption of Spain’s new incentives regime
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German CSP investors file for annulment of ICSID award which found that they could not legitimately expect legal stability
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Analysis: Majority in Stadtwerke Munchen v. Spain considers that investors in Spanish CSP plants could not legitimately expect legislative stability; Kaj Hober disagrees
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Spain defeats Stadtwerke claim, with Hober dissenting, and secures dismissal of some claims in BayWa case, with Grigera-Naon dissenting; new renewable incentives scheme is adopted
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ICSID committee declines to annul Suez v. Argentina (Case 03/17) award, but frowns on ICSID’s arbitrator challenge process and copy-paste approach used by arbitrators across several awards
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US appeals court rejects set-aside of Argentina award, dismissing concerns over alleged ties between investor and arbitrator Gabrielle Kaufmann-Kohler
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In-depth: ICSID annulment committee upholds Suez tribunal analyses of local litigation clause, necessity defence and damages
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$400 million Buenos Aires water concession award withstands Argentina’s annulment attempt, as committee sees no arbitrator conflict of interest that would justify set-aside
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U.S. Federal Court sees ties of Gabrielle Kaufmann-Kohler to investor as inconsequential – and reminds that arbitrators are not held to same standards of judicial decorum as judges in any event
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Tribunals constituted in three ICSID solar energy cases brought against Spain
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Damages: tribunal in now-public Suez/AWG award relies on independent expert to determine a “reasonable” regulator’s response to Argentine crisis
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Argentina re-opens arbitrator ethics issues in bid to set-aside water concessions award
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As Sempra case settles, Argentina is hit with $405 million bill in Buenos Aires water dispute; next phase of case could see arbitrator ethics fight
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Another expropriation ruling against Venezuela, as ICSID arbitrators award Tidewater $60 million (inclusive of pre-award interest)
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Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions
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Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes
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Class-action claim against Costa Rica can’t clear jurisdictional hurdle
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IN-DEPTH: Co-arbitrators see connections between arbitrator and claimants as too tenuous to justify disqualification
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New challenge to arbitrator Gabrielle Kaufmann-Kohler fails in Argentine (Suez & Vivendi) water arbitrations
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