Archives

Analysis: Tribunal majority in Kruck v. Spain finds that Spain breached the claimants’ legitimate expectation of stable feed-in tariffs created by RD 661; Zachary Douglas dissents, deploring contract law-inspired interpretation of legitimate expectations doctrine which leads to strict liability

October 4, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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ICSID tribunal regrets clash between fundamental norms of EU law and ECT arbitration, but dismisses Spain’s request to reopen intra-EU issue in view of Komstroy decision

December 7, 2021Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties

November 11, 2021Amicus Curiae Interventions, Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: ICSID tribunal finds that requests for payments to Prague city district were arbitrary and in violation of FET, but it declines to award damages; remaining claims are dismissed

November 8, 2021Central/Eastern Europe, ICSID (World Bank)
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[Updated] Vattenfall asks for discontinuance of ICSID arbitration against Germany, after settlement enters into force

November 2, 2021Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Payment of Awards
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Revealed: Decade-old awards reveal that Tercier-chaired tribunal upheld jurisdiction over a round-trip investment under the ECT, but ultimately dismissed claims for harassment and discrimination on the merits

June 2, 2021Central/Eastern Europe, Energy Disputes, SCC Rules (Stockholm)
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TECO v. Guatemala saga continues, as the state files for annulment of resubmission award and seeks to focus attention on links between arbitrator and expert

February 24, 2021Annulment and Court Review of Awards, Central American Free Trade Agreement, Energy Disputes, ICSID (World Bank)
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Germany’s constitutional court declines Achmea’s request for an order to halt ratification of intra-EU BIT Termination Agreement; PM decision reveals arguments about validity of the CJEU’s Achmea judgment

February 5, 2021Annulment and Court Review of Awards, EU External Investment Policy, Intra-European Union, UNCITRAL and Ad-Hoc
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Public hearings in high-profile Vattenfall v. Germany arbitration discuss valuation and recent Constitutional Court decision

November 22, 2020Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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[Updated] In a Supplementary Decision, a resubmission tribunal in TECO v. Guatemala orders payment of interest on costs award, but arbitrators disagree on interest rate

October 22, 2020Annulment and Court Review of Awards, Central American Free Trade Agreement, Energy Disputes, ICSID (World Bank)
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[UPDATED]: Vattenfall tribunal survives second bid by Germany to disqualify all members; PCA Secretary-General offered opinion on all grounds for challenge, including non-suspension during pandemic

July 8, 2020Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: Resubmission tribunal in TECO v. Guatemala muses on questions of res judicata and grants additional compensation for decreased electricity prices, but arbitrators disagree on further damages

May 22, 2020Annulment and Court Review of Awards, Central American Free Trade Agreement, Damage Determinations, Energy Disputes, ICSID (World Bank)
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