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

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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

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USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage

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UK High Court temporarily upholds registration of ICSID award against Spain, but final ruling is postponed until Court of Appeal’s decision on intra-EU issue

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UK court reportedly allows creditors of Antin v. Spain award to seize London real estate property

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UNCITRAL tribunal reportedly awards almost 30 million EUR to French government-controlled energy giant EDF in dispute under Energy Charter Treaty

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Revealed: ICSID tribunal hearing high-stakes renewables case rejects Spain’s second request for reconsideration of previous decision on intra-EU jurisdictional objection in light of recent case law

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Christoph Schreuer and other investment arbitration experts to file amicus brief before US court in support of enforcement of intra-EU ICSID awards, alongside US Chamber of Commerce and MOL Hungarian Oil

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US court decides to stay decision on anti-suit injunction request in Watkins case, until resolution of the parallel appeals in NextEra and 9Ren proceedings

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The Netherlands and the European Commission file amici curiae submissions before US court in support of Spain’s appeal to vacate anti-suit injunction and halt enforcement of intra-EU award

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Analysis: ICSID tribunal awards approximately 6.8 million EUR to PV investors; while costs are mostly split, tribunal questions seriousness of Spain’s second request for reconsideration

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[Updated with a copy of the Award] ICSID tribunal renders award on quantum in Sevilla Beeher v. Spain, awarding 6.8 million EUR to the claimant

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Analysis: UNCITRAL tribunal hearing high-stakes dispute stemming from Banco Popular’s bankruptcy upholds jurisdiction over most claims (including claims by dual nationals), but finds that Spanish regulator’s actions were legitimate and reasonable in the circumstances, dismissing all claims on the merits

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Analysis: ICSID ad hoc committee in BayWa v. Spain sees no grounds for annulment in tribunal’s findings concerning intra-EU objection and rejection of European Commission’s application to intervene as amicus curiae

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[Updated with a Copy of the Provisional Measures Decision] Revealed: ICSID tribunal directs Spain to suspend or discontinue parallel German court proceedings in which the state seeks declaration that the arbitration is inadmissible due to its intra-EU nature

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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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US investment fund argues that Spain’s failure to pay renewable energy awards amounts to an event of default under the state’s sovereign debt instruments

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US court refuses to hold Spain in contempt for failing to withdraw request for anti-enforcement injunction; request for stay of proceedings is also dismissed

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Australian High Court discusses distinction between recognition, enforcement and execution of ICSID awards, dismissing Spain’s appeal against recognition and enforcement of the Antin v. Spain award

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[Corrected] German court issues temporary restraining order, directing RWE to refrain from seeking anti-anti-enforcement injunction from US court

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US court sides with Spain in battle for enforcement of intra-EU award, finding that Spain did not have the legal capacity to consent to arbitration of intra-EU disputes under the ECT

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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

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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

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Dutch court finds that it lacks jurisdiction to prohibit US assignee of intra-EU ECT award debt from seeking anti-anti-enforcement injunction in the US

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US court allows petitioners to substitute EU investors with US-based entity in battle for enforcement of intra-EU UNCITRAL award, despite Spain’s argument that the substitution was designed to avoid the application of EU law

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Analysis: ICSID ad hoc committee dismisses Spain’s efforts to annul OperaFund award, stressing that the state’s profound belief that the award is wrong is not a basis for annulment

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ICSID committee declines to annul OperaFund v. Spain award, stressing that tribunal’s analysis on intra-EU issue was “methodical and logical”; investor is awarded full costs

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Analysis: Ad hoc committee in Watkins v. Spain finds no flaws in the rejection of the intra-EU objection, and confirms validity of award despite error in the quantification of damages

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Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs

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US court enjoins Spain from pursuing anti-suit injunctions aimed at preventing investors from enforcing intra-EU ECT awards

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Uncovered: SCC tribunal upholds jurisdiction and finds Spain liable for ECT breach in intra-EU dispute

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ICSID tribunal in Sevilla Beheer v. Spain rejects request for reconsideration based on recent set-aside decisions in other intra-EU disputes

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Another ECT award-creditor seeks anti-anti-suit injunction from US courts, in reply to Spain’s efforts to thwart world-wide enforcement of the award

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Dispute over enforcement of intra-EU ICSID award against Spain heats up, as both parties to the NextEra v. Spain arbitration seek anti-suit injunctions

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Svea Court of Appeal sets aside intra-EU award against Spain, on grounds of non-arbitrability

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Analysis: Unpacking the reasons that led the Eurus v. Spain tribunal to award 106+ million USD to compensate for the claw-back component of Spain’s new regulatory regime

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ECT tribunal majority rejects Spain’s reconsideration request based on intra-EU jurisdictional objection; dissenter opines that Komstroy Decision is a “game changer”, warranting dismissal of the case for lack of jurisdiction

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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

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ECT tribunal in Cavalum v. Spain awards 7.4 million EUR to PV investor, after finding that only 2 of the claimant’s 7 power plants do not achieve a reasonable rate of return

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Analysis: As Luxembourg’s highest court denies enforcement of Micula award on intra-EU grounds, the fate of intra-EU awards before non-EU state courts remains unclear

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ICSID ad hoc committee continues stay of enforcement of STEAG v. Spain award, on the condition that the state furnishes partial financial security

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Spain files for annulment of award that held the state liable for breach of legitimate expectation of relative stability

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Cavalum v. Spain intra-EU ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling in view of Green Power award

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Ad hoc committee members dismiss challenge to committee chair in ICSID annulment proceedings arising from opaque solar energy dispute

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Analysis: RREEF v. Spain committee is unconvinced that intra-EU arguments warrant annulment of the award

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Analysis: First investor-state tribunal to dismiss case based on intra-EU objection finds that EU law applies to its jurisdiction (in a non-ICSID case seated in the EU) and prevails over the ECT

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Analysis: ICSID ad hoc committee rejects Spain bid to annul InfraRed award due to alleged unclean hands

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ICSID ad hoc committee dismisses Spain’s bid for annulment of InfraRed award, including an unclean hands argument that was not raised at the arbitration stage

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Analysis: Tribunal majority in Renergy v. Spain finds that radical changes to renewable energy framework breached legitimate expectation of relative stability; dissenter opines that legitimate expectations are not the appropriate framework for assessing the dispute

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