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Arbitrators agree with Spain that interest should accrue at rate of short-term sovereign bonds
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Tribunal orders Spain to pay 106.2 million EUR in damages, based on joint valuation model
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World without ECT violation carries lower regulatory risk than world with ECT violation
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Arbitrators fix June 2021 as date of compensation, reckoning that only compensation at closest proxy of the award’s date will ensure full reparation
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Tribunal fixes regulatory life of the plants at 25 years
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Tribunal applies tariff indexation of previous regimes
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Target return should be calculated based on the previous regulatory regimes
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Tribunal agrees with claimant that claw-back aspect of the New Regulatory Regime has two components, which both need to be compensated
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Full reparation implies that only the effect of the claw-back measures has to be eliminated
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Tribunal swiftly rejects Spain’s allegation that no damages are owed
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