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[Updated with Award] Analysis: Tribunal majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs

February 20, 2024Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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Uncovered: UNCITRAL tribunal in Liberty v. Venezuela (2) finds that investor is entitled to pursue ad hoc UNCITRAL arbitration, as neither ICSID Convention arbitration, nor arbitration under ICSID’s Additional Facility Rules is available under the Spain – Venezuela BIT

May 9, 2023UNCITRAL and Ad-Hoc, Venezuela
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Uncovered: ICSID tribunal denies both bifurcation of jurisdictional objections and “informal” bifurcation requested by the claimant, finding that adjustment of procedural calendar suffices to maximize efficiency and fairness

August 10, 2021ICSID (World Bank)
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Tribunal majority rejects Spain’s request for rectification of wind energy award and finds that it lacks the power to order stay of enforcement; Helene Ruiz Fabri declines to lend her support to the decision

July 14, 2020Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: In Watkins v. Spain award, majority finds that changes to Spain’s renewable energy incentives trigger ECT violations; dissenter says majority decision lacks “clarity”

January 23, 2020Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Stabilization Clauses (Tax or Regulatory)
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Breaking: In latest Spain award, majority of Pryles and Abraham award Dutch wind energy investors approximately €77 million in damages; Helene Ruiz Fabri dissents

January 22, 2020Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Baltic claims Round-Up: Simma chosen to chair UNCITRAL BIT case, EU Commission is permitted to weigh in with Achmea views in a case, and ad hoc committee has been selected to hear an annulment application

October 9, 2018Annulment and Court Review of Awards, ICSID (World Bank), Intra-European Union, Round-Ups, UNCITRAL and Ad-Hoc
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