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Intra-EU objection is serious, but more appropriately addressed together with the merits

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For the majority, the denial of benefits objection pertains to the merits

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Majority sees no requirement to pierce corporate veil

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Abuse of process argument is more efficiently addressed at the merits stage, according to the majority

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Even if successful, tax objection would not materially reduce the scope of the proceedings

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In a dissenting opinion, Ms. Gonzalez considers that bifurcation of four objections would have been more efficient

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Arbitrators see no presumption in favour of bifurcation, and apply three-factor test

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Alleged failure to comply with arbitral pre-requisites is not prima facie serious and substantial

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Majority considers that ratione materiae objection is not prima facie serious and substantial

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The two disqualification proposals had “different orientations”, and cannot be taken together

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ICSID Convention dictates that only a “manifest” lack of independence and impartiality warrants disqualification

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Mr. Rees’ decision to recuse himself from deciding the EC’s amicus submission was proper and did not amount to an acknowledgment of bias

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Mr. Rees’ involvement in the NordStream 2 case prompts a second challenge by Spain

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Arbitrators see no pre-judgment of intra-EU jurisdictional objection

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Viewed collectively, the grounds invoked by Spain also do not warrant disqualification

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Two previous appointments by counsel, “standing alone”, do not warrant disqualification

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Relationship with litigation fund must be disclosed, but does not, by itself, warrant disqualification

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Alleged past and present relationship with counsel does not raise any concern

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Rules applicable to the arbitrator challenge are to be found in ICSID Convention and Arbitration Rules

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