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RWE v. Spain tribunal awards 28 million EUR in compensation under the ECT; co-arbitrator writes separate opinion, distinguishing between two schools of thought in investor-state arbitration

March 10, 2021Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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In latest Spain ruling, arbitrators find no violation of RWE’s legitimate expectations, but see a breach of the ECT’s proportionality requirement

January 6, 2020Amicus Curiae Interventions, Damage Determinations, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: in previously-confidential SolEs Badajoz v. Spain award, arbitrators lay out reasons for finding jurisdiction and awarding €40 million to investor for breach of the ECT

September 4, 2019Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Newly-surfaced A11Y v. Czech Republic decisions reveal Fortier-chaired tribunal’s reasoning on unusual umbrella clause, cooling-off periods and veil-piercing – as well as tribunal disagreements on application of MFN and objective criteria for investment

July 26, 2018ICSID (World Bank), Intra-European Union, UNCITRAL and Ad-Hoc
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While rejecting merits of pending challenge, Alexandrov resigns, citing the fact that one of his two co-arbitrators has seeming doubts of his impartiality; Joubin-Bret also steps aside to take key UNCITRAL post

October 26, 2017Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Co-arbitrators declare themselves to be “equally divided” on challenge to third tribunal member, thus putting ICSID in the driver’s seat

October 21, 2017Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, Environmental Disputes, ICSID (World Bank), Intra-European Union
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Spain follows up on its annulment strategy by filing a request to disqualify arbitrator

September 18, 2017Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, Environmental Disputes, ICSID (World Bank), Intra-European Union
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Narrow investor-state clause bars investor (A11Y Ltd.) from pursuing FET claim vs Czech Republic, but intra-EU BIT objection is rejected and expro claim will go forward

February 14, 2017Central/Eastern Europe, Intra-European Union, UNCITRAL and Ad-Hoc
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In newly-released Lundin v. Tunisia ruling, arbitrators affirm jurisdiction over tax dispute and concede scope for a state to seek moral damages for reputational harm

November 17, 2016Energy Disputes, ICSID (World Bank), Interim Measures Decisions
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Spain update: more claims surface in Stockholm and at ICSID, and several new tribunals are finalized

March 3, 2016Energy Charter Treaty, Energy Disputes, Environmental Disputes, ICSID (World Bank), Intra-European Union, SCC Rules (Stockholm), UNCITRAL and Ad-Hoc
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ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments – but no common chairs as yet

November 17, 2015Energy Disputes, Environmental Disputes, ICSID (World Bank), Intra-European Union
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Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims

February 24, 2015Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, Environmental Disputes, Intra-European Union, News, SCC Rules (Stockholm), UNCITRAL and Ad-Hoc
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