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Committee finds no basis to annul decision on costs
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Committee sees no failure to state reasons in damages calculation
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Failure to state reasons requires outcome determinative impact
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Tribunal’s non-application of EU law to merits was not a manifest excess of powers
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No manifest excess in findings of jurisdiction despite Achmea, Komstroy and Swedish court decisions
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Committee fails to find manifest excess of powers in assumption of jurisdiction over intra-EU claim
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Manifest excess of powers standard includes excess of mandate and wrongly accepting jurisdiction
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Waiver provision of ICSID Rules only applies to procedural issues, and not to annulment arguments
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Committee has limited mandate and cannot annul award on grounds not provided in the annulment application
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Background: Withdrawal of benefits from investments in wind and solar power plants leads to 28 million award in favour of claimants; Spain files for annulment
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Applicants are ordered to bear full costs of the proceedings and half of Venezuela’s legal expenses
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Applicants’ claim that award contained contradictory reasons is dismissed as insufficiently substantiated
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Committee finds no flaws in the tribunal’s reasoning
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Committee clarifies scope of application of Article 52(1)(e) of the ICSID Convention
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Committee warns against risk of lengthy awards and stresses importance of reasoning in investor-state proceedings
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Reliance on last-minute submission does not constitute an “ambush argument” that breaches the right to be heard if claimants have the possibility to address the argument
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Tribunal’s decision that certain facts were irrelevant to its jurisdiction does not amount to denial of justice or lack of impartiality
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Committee relies on three-pronged test to assess serious departure from fundamental rule of procedure
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Claim of manifest excess of powers in decision to decline jurisdiction cannot be based on different interpretation of the facts of the case
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Committee sees no failure to apply international law, and recalls that tribunals’ discretion in the appreciation of evidence extends to jurisdictional matters
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Tribunal was not required to apply BIT provisions invoked by the applicants
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Committee sees no failure to apply domestic law
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Committee recalls distinction between failure to apply the applicable law, and erroneous application or interpretation of the law
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Failure to apply jurisdictional requirements of Article 25 ICSID Convention constitutes per se an excess of powers
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