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Tribunal fails to find any breach of transparency requirements
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New measures taken to reduce tariff deficit meet proportionality requirement
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Implemented new measures were reasonable considering the goals sought to be achieved by Spain
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Tribunal majority fails to find any legitimate expectations of stability of regulatory regime
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FET standard requires reasonableness, proportionality, and transparency
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Legitimate expectations require clear and specific commitment from state
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ECT does not contain standalone stability obligation
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EU law can be considered as a fact
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Additional measures introduced after the initiation of the arbitration are admissible and within the tribunal’s jurisdiction
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TVPEE qualifies as a taxation measure based on four-factor test and was not adopted in bad faith
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Tribunal rejects intra—EU objection based on involvement of German shareholders
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EBL’s partial involvement and stake in the project not a barrier to tribunal’s jurisdiction over Tubo Sol’s full claims
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Background: Withdrawal of renewable energy incentives regime results in arbitration claim from partial owners of CSP plant
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Tribunal finds that ICSID AF arbitration is not available; Venezuela cannot have it both ways
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ICSID organs do not qualify as arbitral bodies
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Contemplated non-availability of ICSID fora is linked to the ICSID system
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Tribunal interprets Article XI(3) of the BIT in accordance with in Article 31(1) VCLT
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Prior decisions analysing differently worded treaties are of little relevance
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Parties agree that ICSID AF tribunals’ ratione voluntatis jurisdiction is limited to the period pre-dating the states’ accession to the ICSID Convention
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Article XI Issue is a question of law, not facts
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UNCITRAL tribunal has priority to rule on the Article XI Issue
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Uncertainty over the construction of Article XI of the BIT was reason for claimant’s initiation of two sets of proceedings
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Venezuela challenges tribunal’s jurisdiction ratione voluntatis, claiming that ICSID AF was an “available” forum
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Tribunal twice rejects Venezuela’s request for a stay in deference to the ICSID AF Arbitration
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