Region: Spain

German court denies Spain anti-enforcement relief

UPDATED WITH JUDGMENT: A German court has refused to order energy group RWE to halt its efforts to enforce a €28 million ICSID award against Spain, weeks after the award was upheld by an annulment committee. 

25 April 2024

Spain gets intra-EU award set aside in Sweden

The Svea Court of Appeal has set aside a European renewables investor’s Energy Charter Treaty award against Spain for being incompatible with EU law – a week after the state failed to have another such award annulled at ICSID.

11 April 2024

Uranium miner brings ECT claim against Spain 

An Australian company developing a controversial US$500 million uranium mine near Madrid says it will file an Energy Charter Treaty claim against Spain over its decision to block the project. 

10 April 2024

Qatari state entity liable in metro dispute

An ICC tribunal has found a Qatari state-owned company liable in a €560 million arbitration with a Samsung-led joint venture over a terminated contract to build two metro stations in Doha.

19 March 2024

Spain avoids damages in ECT case

A split ICSID tribunal has rejected a Swiss investor’s €175 million damages claim against Spain after concluding that the state’s reforms to its renewable energy regime resulted in only a limited breach of the Energy Charter Treaty.

22 February 2024

Court clerk faces criminal probe in Sulu dispute

A Spanish court clerk is facing a criminal investigation over his role in communicating a decision to annul the appointment of an arbitrator who went on to issue a US$15 billion award against Malaysia.

15 February 2024

Spain fails to reopen solar reform award

An ICSID committee has refused to annul an Energy Charter Treaty award ordering Spain to pay a Japanese investor more than €23.5 million over the state’s reforms to its renewable energy regime.

08 February 2024

US weighs into Spain’s fight over intra-EU awards

The US Department of Justice has weighed into a DC Circuit appeal over the enforcement of three Energy Charter Treaty awards against Spain, arguing that the existence of an arbitration agreement is a threshold question and that it was “improper” for a judge to issue anti-suit injunctions against the respondent state.

06 February 2024

Spain avoids security order ahead of UK appeal

The Court of Appeal in London has refused to order Spain to pay €120 million in security as a condition for its appeal against the registration of an ICSID award – after the state agreed to stay litigation it has brought against the award holders in Luxembourg.

01 February 2024

An “unhappy case”: UK judge pauses Spain’s challenge to ICSID award

A judge in London has adjourned Spain’s bid to undo the registration of a €33 million ICSID award in favour of two solar investors on sovereign immunity grounds until an appeal in a similar case is decided.

31 January 2024

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