Decision on costs is deferred to final award

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Resort to administrative remedies is not mandatory under Guatemalan law, hence local remedies’ requirement under the FTA does not apply

Fork-in-the-road clause applies only to treaty claims

Tribunal lacks sufficient elements to decide limitation period objection

Explicit reservation prevents investors from relying on MFN clause to invoke umbrella clauses contained in treaties concluded before FTA’s entry into force

Available evidence does not allow tribunal to adopt preliminary decision on the nature of claims, which is thus deferred to the merits

Tribunal sees no obligation under FTA to adopt definitive decision on all preliminary objections raised by the state

Background: Energy companies lodge treaty claims, alleging multi-level opposition by state organs to electricity infrastructure project

US courts deny motion to stay enforcement proceedings of TECO v. Guatemala (1) award in light of pandemic

Iberdrola was ordered to pay costs

Tribunal also saw no DOJ in respect to the Constitutional Court rulings

Administrative action may amount to a DOJ – but no violation is established here

Tribunal rejects claimant’s contention that BIT’s DOJ standard is broader than DOJ under customary international law

Claims of denial of justice are claims under international law and international arbitral tribunals have jurisdiction to resolve them

Tribunal upheld dual systems-based objection to jurisdiction raised by Guatemala, with the exception of the applicant’s claim for denial of justice

Mere allegation that there had been a breach of the duty not to interfere with the investment through arbitrary measures and to respect written commitments made in relation to the investment was not sufficient to convince the tribunal that a question of local law could amount to a breach of international law

Tribunal held that claim for breach of the full protection and security standard was also based on Guatemalan domestic law

The tribunal found that FET claim had become the claimant’s principal claim, but that claim was merely based on domestic Guatemalan law

Tribunal found that the claimant had failed to provide clear and specific reasoning as to what expropriatory acts had allegedly been committed by Guatemala

The tribunal found that consent given by Guatemala in Article 11 of the BIT was restricted to “matters governed” by the treaty

Guatamela accepted tribunal’s jurisdiction over denial of justice claim

The tribunal decided not to bifurcate the arbitration proceedings finding that the jurisdictional questions and the merits-based issues were closely intertwined

Background: Iberdrola’s claims related to a number of technical and regulatory issues concerning electric distribution rates review process and related judicial decisions

Amicus intervention does not unduly prejudice the claimant; request to access documents is rejected

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