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[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
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US court refuses to stay Antin v. Spain and Cube v. Spain enforcement proceedings pending Supreme Court’s ruling on intra-EU objection
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DC court declines Spain’s request to stay proceedings for enforcement of intra-EU ECT award pending decision by US Supreme Court
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ICSID ad hoc committee rules on expedited objections in high-stakes intra-EU ECT dispute with Spain
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[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
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ECT tribunal rules on damages in dispute between Spain and Japanese renewable energy investor
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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
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Analysis: UK appeals court finds that ICSID Convention states cannot rely on their sovereign immunities to oppose registration of ICSID awards
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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
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Revealed: Unpacking the reasons why two ICSID tribunal majorities upheld Spain’s intra-EU jurisdictional objection under the Energy Charter Treaty
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Breaking: ICSID tribunal majorities uphold intra-EU objection in duo of ECT arbitrations against Spain
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ICSID ad hoc committee reportedly dismisses Spain’s request for annulment of solar energy award
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Spain files for annulment of wind farm award
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[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
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NextEra agrees to reverse seizure of Spanish state-backed entity’s interest in London’s Luton Airport
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[Updated] Sulu heirs lodge 18-billion-USD ICSID claim against Spain, alleging denial of justice
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Australian court orders Spain to pay security for costs in proceedings for enforcement of intra-EU award
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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
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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
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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
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Creditors of intra-EU ICSID award seize interest of Spanish state-backed entity in London airport
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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
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[Updated] Arbitrators Comings & Goings: Committee is formed to hear Spain’s bid to annul high-stakes renewables award, a resignation, and an arbitrator challenge
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[Updated] Belgian courts enforce Japanese claimant’s ECT award against Spain’s air control authority
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Swedish courts set aside another ECT award against Spain
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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
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Two ECT cases against Spain see new rulings
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Three are in place to hear Spain’s bid to annul 15 million EUR award
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[Updated] Uranium miner initiates billion-dollar ECT arbitration against Spain
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Spain files for annulment of high-value renewables award
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[Updated] Spain officially denounces Energy Charter Treaty
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[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
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Swiss Federal Tribunal upholds intra-EU ECT award against Spain, finding that CJEU’s rulings should be given “no particular value”
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Spain to lodge CIETAC arbitration over COVID-related dispute
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German court dismisses Spain’s request for anti-enforcement injunction directed against intra-EU ICSID award
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Analysis: Svea Court of Appeal sets aside Triodos v. Spain award, on intra-EU grounds
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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
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Uranium miner to lodge ECT claim against Spain
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[Updated with Decision] ICSID ad hoc committee upholds RWE v. Spain award
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ICSID ad hoc committee is formed to hear Spain’s bid to annul 25 million EUR award
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[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
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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis
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[Updated with Document] ICSID annulment committee upholds ECT award in dispute between Spain and Japanese investors
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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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Spain Round-Up: New awards and decisions, enforcement-related developments, and updates on pending arbitrations
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Spain files for annulment of Infracapital award
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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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Spain is hit with one of biggest renewable energy awards yet against the state
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ICSID ad hoc committee in place to hear bid to annul Sevilla Beheer v. Spain award
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Spain is held liable for ECT breach in wind farm dispute
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Three are in place to hear cross-annulment requests in Spanish renewable energy dispute
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Bernard Hanotiau is tapped to chair ICSID committee tasked with reviewing Eurus v. Spain award
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Kruck v. Spain tribunal awards 15 million EUR in damages plus costs to claimants
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Spain on notice of second snow-crab dispute, this time under BIT with Russia
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UK High Court declines to recognise Spanish shipwreck judgment in conflict with arbitration award, pointedly disagreeing with CJEU ruling; Spain’s set-aside request is mostly dismissed
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Spain is put on notice of treaty dispute over snow-crab fishing rights in Svalbard
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ICSID tribunal agrees with claimant that award should be corrected to fully reflect reasoning on quantum
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Spain files for annulment of 6.8 million EUR photovoltaic energy award
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Analysis: ECT tribunal awards 23.5 million EUR to Japanese investor, finding that Spain radically abolished renewable energy support regime
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Spain files for annulment of ECT award favorable to Japanese investor
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Japanese investor’s 23.5 million USD ECT award against Spain comes to light
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Three are in place to hear Spain’s request for revision of renewable energy award
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UK court reportedly allows creditors of Antin v. Spain award to seize London real estate property
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[Updated with copies of the Judgments] Germany’s Supreme Court rules that anti-arbitration declaration mechanism is available against intra-EU ICSID arbitrations
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Sweden’s Supreme Court declines to hear appeal against judgment that set aside ECT award on intra-EU grounds
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Parties in Spanish renewables dispute file cross annulment requests
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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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Spain files for rectification of Infracapital award
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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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Spain asks for revision of renewable energy 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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UK High Court enforces Antin v. Spain intra-EU award, emphasizing the limited scope for review of ICSID awards and denying the state’s attempt to rely on its sovereign immunities
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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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ICSID ad hoc committee declines to annul BayWa v. Spain award
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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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Infracapital v. Spain tribunal awards 25 million EUR plus interest in compensation
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Swiss Federal Tribunal refuses to attach assets in execution of ICSID award, finding that the award does not present a sufficient connection with Switzerland
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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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UK High Court allows provisional attachment of Spanish cultural institute and Catalonian commercial “embassy” over ICSID award
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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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RWE asks US court to block Spain’s anti-enforcement action in Germany
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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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[Updated with a copy of the Award] Tribunal chaired by Gabrielle Kaufmann-Kohler dismisses treaty arbitration stemming from bankruptcy of major Spanish bank
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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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ICSID ad hoc committee dismisses annulment bid in Watkins v. Spain
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