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Analysis: ICSID ad hoc committee majority dismisses Spain’s annulment bid; dissenter sees lack of reasoning in treatment of counterfactual scenario for the assessment of damages

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ICSID ad hoc committee majority rejects Spain’s bid to annul SolEs Badajoz award; dissenter sees a failure to state reasons in the quantification of damages

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Arbitrators comings and goings: Two resignations and one appointment

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ICSID ad hoc committee considers that sale of right to collect damages under Spanish renewables award indicates a real risk of non-recoupment, and decides to continue the stay of the underlying award

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ICSID sees no pro-state bias by Zachary Douglas in Sumrain v. Kuwait; tribunal is reluctant to suspend proceedings due to COVID-19 in light of provisional measures request

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After identifying a “significant risk” of non-recoupment, ICSID ad hoc committee extends stay of enforcement of SolEs Badajoz v. Spain award

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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

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