[Updated with analysis] Amsterdam Court of Appeals rejects Russia’s latest bid to set aside 50 billion USD Yukos shareholders awards

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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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In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction

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

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Analysis: Tribunal in Natland v. Czech Republic awards damages based on hypothetical European Commission decision regarding compatibility of Czech solar incentives scheme with EU state aid rules

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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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Kyrgyzstan claims victory in heretofore undisclosed investment arbitration brought by Kazakh state-owned company

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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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Analysis: Tribunal in ACF v. Bulgaria finds that measures interfering with renewable energy incentives violated clear expectation of regime stability

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Yukos shareholders cannot compel Russia’s counsel to hand over allegedly-privileged documents

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Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

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US court dismisses Russia’s sovereign immunity defence and confirms subject matter jurisdiction for enforcement of 50 billion USD Yukos award

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[Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations

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UK High Court finds that Russia is precluded from relitigating arbitration tribunal’s jurisdiction in support of immunity defence against enforcement

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[Updated] Dutch Advocate General supports attachment of Russian assets by Yukos shareholders

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Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar

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UK investor concludes after-the-event insurance policy to cover risk of adverse costs decision in fracking arbitration against Slovenia

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Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

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Analysis: ICSID committee finds that tribunal did not need to consider previous investment awards that reached different conclusions on the merits, dismissing Italy’s bid to annul ECT award

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Analysis: Germany’s Supreme Court finds that anti-arbitration declaration mechanism is available with respect to pending intra-EU ICSID arbitrations, but not to prevent future ECT cases; court opines that EU law trumps international law and that the CJEU did not act ultra vires in addressing intra-EU investor-state arbitration

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

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ICSID tribunal hearing intra-EU ECT case declines to enjoin Germany from pursuing anti-arbitration declaration proceedings before local courts, but directs respondent not to lodge additional court actions that may interfere with ICSID’s exclusivity clause

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[Updated with a copy of the Decision] ECT tribunal dismisses objection under 2006 ICSID Rule 41(5), finding that claim by investor’s heirs does not manifestly lack legal merit

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Bosnian state-owned power plant loses contract-based UNCITRAL arbitration, paving the way for resumption of ICSID arbitration against the Balkan state

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Energy Charter’s Secretary-General appeals to EU member states to vote for modernized ECT, despite the European Commission’s recent proposal for a coordinated withdrawal

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European Commission submits formal proposals for the EU and Euratom to withdraw from the ECT; Commission opines that sunset clause never applied to intra-EU disputes, but it nevertheless proposes the adoption of a subsequent agreement on this issue

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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: 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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Analysis: Unchallenged arbitrators are unconvinced that decades-old criminal conviction that was overturned by Italy’s Supreme Court warrants Charles Poncet’s disqualification from renewable energy case

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ICSID ad hoc committee in Rockhopper v. Italy rules on continued stay of the award’s enforcement, ordering the parties to find an effective arrangement to mitigate Italy’s risk of non-recoupment

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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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Discontinuance order in Uniper v. Netherlands surfaces, revealing that the tribunal rejected request for costs, finding no support for general rule that respondent should not bear the cost of withdrawn claims

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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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