Archives

Analysis: In recently surfaced decision, ICSID ad hoc committee rejects Venezuela’s attempt to annul a half billion dollar award in favour of two Spanish investors, emphasizing that annulment cannot be used to air arguments that have not been submitted to the tribunal

April 21, 2023Annulment and Court Review of Awards, ICSID (World Bank), Venezuela
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Analysis: ICSID annulment committee in Hydro v. Spain sees no manifest excess of powers or failure to state reasons in tribunal’s handling of intra-EU issues

March 27, 2023Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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ICSID annulment committee declines to annul Hydro award, stressing that Spain’s state aid argument was only part of the case’s factual matrix – and thus cannot be reviewed

March 23, 2023Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: Hydro v. Spain committee conditions continued stay of enforcement on undertaking to repay sums collected in case of annulment; Spain asks for reconsideration

May 5, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: Antin v. Spain committee finds that treatment of intra-EU jurisdictional objection does not warrant annulment; committee members also emphasize the tribunal’s discretion in the valuation of damages

August 4, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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100+ million EUR Antin v. Spain award withstands annulment, shortly after the European Commission lodges investigation into the underlying award

August 2, 2021Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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In now-public decision, an ICSID ad hoc committee finds that it has the power to decide the question of Venezuela’s representation, and rules in favor of the Maduro government

April 3, 2020Annulment and Court Review of Awards, ICSID (World Bank), Venezuela
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After Spain award is trimmed down by €11 million, annulment committee declines request to stay its enforcement

October 31, 2019Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: in a pair of recent decisions, ICSID committees disagree on conditions for continuing a stay of award enforcement; one committee deems conduct of state in a prior case to be in violation of ICSID Convention

June 17, 2018Annulment and Court Review of Awards, ICSID (World Bank), Payment of Awards, Venezuela
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