Claimants need to provide evidence that they can claim on behalf of deceased claimant’s estate, but new waiver is not necessary

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Tribunal is not in a position to rule on alleged breach of confidentiality order

Motion to compel production is rejected, as tribunal finds that Canada is not required to reformat or repackage old documents

Transparency is the default rule in NAFTA arbitration, and parties carry the burden of proving that content is confidential

Claimants’ financial information is not necessarily covered by confidentiality

Committee orders Spain to bear all costs

Committee finds no basis to annul decision on costs

Committee sees no failure to state reasons in damages calculation

Failure to state reasons requires outcome determinative impact

Tribunal’s non-application of EU law to merits was not a manifest excess of powers

No manifest excess in findings of jurisdiction despite Achmea, Komstroy and Swedish court decisions

Committee fails to find manifest excess of powers in assumption of jurisdiction over intra-EU claim

Manifest excess of powers standard includes excess of mandate and wrongly accepting jurisdiction

Waiver provision of ICSID Rules only applies to procedural issues, and not to annulment arguments

Committee has limited mandate and cannot annul award on grounds not provided in the annulment application

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

Committee orders claimant to bear all costs

Committee fails to find any annullable failure to state reasons

Failure to state reasons requires award to provide reasons that cannot be followed

Committee fails to find any breach of fundamental procedural rules in exclusion of evidence

Determination of breach of fundamental rule of procedure requires two-step analysis

Committee fails to find manifest excess of powers in decision that Settlement Committee was not a judicial body

Tribunal’s decision on effective means standard and majority’s decision on compensation are not manifestly erroneous

Manifest excess of powers standard requires clear, obvious, or self-evident excess

Background: Dispute over cement plant project leads to award that finds breach of effective means but declines to award damages; investor files for annulment

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