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Committee does not agree with Iberdrola that tribunal’s framing of claims provides basis for annulment
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In lengthy dissent, committee member finds fault with tribunal’s restrictive interpretation of Guatemala’s consent to arbitration
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Committee is skeptical of tribunal’s holding, but believes it to be sufficiently motivated as to resist annulment
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Iberdrola also alleged that the award sets out contradictory jurisdictional tests
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Iberdrola argued that the tribunal found that domestic contractual and regulatory disputes and international disputes are per se mutually exclusive, unjustifiably limiting its jurisdiction
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Committee rejects investor’s contention that tribunal had failed to apply domestic law
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A month before hearing, Spain-U.S. Chamber seeks to intervene; Guatemala objects, and mentions that Iberdrola is a member of that group
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