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Tribunal majority grants Costa Rica’s request for security for costs, stressing that prior decisions are irrelevant to analysis under 2022 ICSID Additional Facility Rules

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Analysis: InfraCapital v. Spain quantum award examines proper way to compensate both failure to achieve reasonable rate of return and clawback component of Spain’s 2013/2014 renewable energy incentives scheme

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ICSID arbitration against Costa Rica concludes with an award, with a tribunal majority finding discrete treaty breaches, but declining to award any damages; respondent’s appointee would not have found any wrongful act by the state

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Analysis: ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling, finding the CJEU’s Komstroy Judgment “entirely irrelevant”, and declining to rule on alleged customary international rule regarding the primacy of EU law

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Analysis: ECT tribunal rejects “clean hands” objection in Spanish renewable energy dispute; majority only finds legitimate expectation of a “reasonable rate of return”

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Another ECT tribunal finds that Spain’s failure to ensure a reasonable rate of return on renewable energy projects breached the FET standard; dissenter would also have found a frustration of legitimate expectations

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Chevron v. Ecuador award analysis: tribunal considers final questions of jurisdiction and surveys evidence of how Ecuadorian environmental trial was (mis)conducted

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Alghanim v. Jordan Part One: At provisional measures phase, arbitrators disagree whether Jordan should be enjoined from enforcing tax debt – but later agree to dismiss all jurisdictional objections

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