News & Analysis as of

Spain ICSID International Arbitration

Barnea Jaffa Lande & Co.

ICSID Enforcement in Israel: Discretion, EU Controversy, and the Sun-Flower v. Spain Decision

The Tel Aviv District Court has, for the first time, considered a request to enforce an ICSID award in Israel. In the case against Spain, the Court declined enforcement, holding that Israel was not the appropriate forum due...more

Morrison & Foerster LLP

Registration of ICSID Awards in the UK: Normal Service Resumed

Morrison & Foerster LLP on

The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

Vinson & Elkins LLP on

Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Hogan Lovells

Spain’s exit of the Energy Charter Treaty is official: what now?

Hogan Lovells on

The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Jenner & Block on

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

K&L Gates LLP

High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

K&L Gates LLP on

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

K&L Gates LLP

High Court of Australia Grants Special Leave to Appeal Decision Recognizing ICSID Arbitral Award Against Spain

K&L Gates LLP on

On Friday 18 March 2022, the High Court of Australia (High Court) granted special leave to appeal the decision of the full Federal Court of Australia (Full Federal Court) in Kingdom of Spain v Infrastructure Services...more

Jones Day

Australia: A Safe Haven for Enforcement of ICSID Awards - A recent decision in Australia opens the door for recipients of...

Jones Day on

In 2019, companies incorporated in England, Luxembourg and the Netherlands were awarded €229 million against the Kingdom of Spain in an investor-state arbitration. On 24 February 2020, the Federal Court of Australia enforced...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America...

As detailed in an October 2, 2018, Skadden client alert, the United States’ efforts to revise the 25-year-old North American Free Trade Agreement (NAFTA) reached a milestone on September 30, 2018, when the U.S., Mexico and...more

A&O Shearman

Investors' rights of protection against Venezuela's sovereign debt default

A&O Shearman on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

Quinn Emanuel

May 2016: International Arbitration Update

Quinn Emanuel on

García’s Green Light to Dual Nationals in Investor-State Arbitration. The decision in Serafín García Armas v. República Bolivariana de Venezuela, PCA Case No. 2013-3, Decision on Jurisdiction (Dec. 14, 2014) touches on a very...more

King & Spalding

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

King & Spalding on

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

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