Analysis: Unpacking the reasons why a Dutch court ordered investors to repay the state if monies are collected under intra-EU award against Spain

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated with Decision] Amsterdam court orders Dutch companies to pay Spain monies collected under intra-EU ECT award if the award is successfully enforced abroad

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

US court refuses to stay Antin v. Spain and Cube v. Spain enforcement proceedings pending Supreme Court’s ruling on intra-EU objection

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

DC court declines Spain’s request to stay proceedings for enforcement of intra-EU ECT award pending decision by US Supreme Court

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated] Spain discloses intention to bring intra-EU arbitration question before US Supreme Court; DC judges reach opposing conclusions on extension of stay of enforcement proceedings

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

US appeals court dismisses Spain’s request for en banc rehearing of sovereign immunity and forum non conveniens questions in dispute over enforcement of trio of intra-EU ECT awards

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: UK appeals court finds that ICSID Convention states cannot rely on their sovereign immunities to oppose registration of ICSID awards

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Breaking: UK Court of Appeal rules that sovereign immunities defence is not available to oppose registration of ICSID awards, dealing blow to Spain and Zimbabwe

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Revealed: Unpacking the reasons why two ICSID tribunal majorities upheld Spain’s intra-EU jurisdictional objection under the Energy Charter Treaty

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated] US court enforces JGC v. Spain ECT award, finding that ICSID award is entitled to full faith and credit, and doctrines of act of state, forum non conveniens and comity do not apply

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

NextEra agrees to reverse seizure of Spanish state-backed entity’s interest in London’s Luton Airport

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Ad hoc committee in Renergy v. Spain dismisses state’s request for annulment, pointing to prior decisions on intra-EU issues in finding that tribunal did not manifestly exceed its powers when upholding jurisdiction under the ECT

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: Unpacking the DC Circuit Court’s finding that US courts have jurisdiction to hear bids to enforce intra-EU ECT awards against Spain, but cannot issue anti-anti-enforcement injunctions

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Breaking: Appeals judges find that US courts have jurisdiction to enforce intra-EU UNCITRAL and ICSID awards issued under ECT, deciding that FSIA’s arbitration exception applies; but majority judges frown upon issuance of anti-anti-enforcement injunctions

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: ICSID annulment committee in ECT case against Spain confirms tribunal’s decision that EU law did not apply to the merits of dispute brought by Japanese investor

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated] Arbitrators Comings & Goings: Committee is formed to hear Spain’s bid to annul high-stakes renewables award, a resignation, and an arbitrator challenge

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Dutch court upholds jurisdiction over Spain’s request for anti-enforcement injunction directed against intra-EU ECT award, finding that New York Convention does not apply to question of incompatibility of arbitral award with EU state aid rules

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated with original Judgment] Analysis: German court dismisses Spain’s request for anti-enforcement injunction, finding that respect for USA’s sovereignty trumps principle of effectiveness of EU law

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Swiss Federal Tribunal upholds intra-EU ECT award against Spain, finding that CJEU’s rulings should be given “no particular value”

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: Annulment committee in RWE v. Spain sees no manifest excess of powers or failure to state reasons in ECT award that upheld jurisdiction over intra-EU dispute and declined to apply EU law on the merits

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated with Award] 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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

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

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.