Discover the world’s most comprehensive online database of national investment laws and regulations. Date of introduction: 22 Nov 2013. Home » Insights » Alternatives Research » Real Estate; Share this page. v. Spanien, Erstellung eines Rechtsgutachtens … Arbitral decisions rendered ICSID Case No. While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. Aktuelle Beratungsprojekte im Themenbereich. Spain (en) Sweden (en) Switzerland; Taiwan; United Kingdom; USA; DWS KGaA; Investor Relations; Media; Career; Country Websites; Search. of Spain’s reforms to the energy sector, RREEF v. Spain, Spain alleged that the funds for the investment at issue were not contributed by the Claimants, but rather by limited partners to a partnership in which the first Claimant was the general partner, and the second Claimant had an indirect ownership and control. v. Spain, legal opinion for the Kingdom of Spain on the compatibility of the Investor-State Dispute Resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court v. Kingdom of Spain, ICSID Case No. RREEF Infrastructure (G.P.) Case type: International Investment Agreement. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). This refers to the current status of the original arbitration proceedings. This is how AG Sharpston saw it in her conclusions in Opinion procedure 2/15 of … We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. ISDS Navigator ARB/13/30 . • ICSID: International Centre for Settlement of Investment Disputes Mr. Gonzalo Flores . Professor Pedro Nikken . 9REN Holding S.a.r.l v. Kingdom of Spain, ICSID Case No. The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded. The entry point for all country specific investment policy data. ARB/13/30 These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. KINGDOM OF SPAIN”, la Comisión Europea apoya los intentos de España de bloquear la ejecución del laudo del arbitraje RREEF Infrastructure (G.P.) Economic sector: Electricity, gas, steam and air conditioning supply . v. Kingdom of Spain, case number 1:19-cv-03783, in the U.S. District Court for the District of Columbia. RREEF Infrastructure G.P. ARB/13/30 Type of case: Investor-State. See also Barcelona Traction, Light and Power Co., Ltd. (Belgium v Spain… • SCC: Stockholm Chamber of Commerce (Arbitration Institute) 2015/063. Spain, RREEF v. Spain and UP v. Spain) is based on the idea of “ parallelism of treaties and the distinction between the EU legal order and the international legal order ”. RREEF Infrastructure (G.P.) If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded. The Kingdom of Spain; RREEF v. The Kingdom of Spain; Isolux v. The Kingdom of Spain; Eiser Infrastructure v. The Kingdom of Spain] (¶ 429). In RREEF v. Spain, dissenting arbitrator Robert Volterra finds ECT breaches beyond mere failure to provide a reasonable rate of return, and criticizes majority’s support for tribunal-appointed damages expert | Investment Arbitration Reporter In Novernergia v Spain, Spain notably argues that the arbitration agreement should be considered to be void ab initio and so cannot be enforced under the FSIA, which contains a waiver for the enforcement of arbitration awards against sovereigns. "RREEF Infrastructure (GP) Limited and FFEEF Pan-European Infrastructure Two Lux Sarl v Spain, Decision on Jurisdiction, ICSID Case No ARB/13/30, IIC 843 (2016), 6th June 2016, World Bank; International Centre for Settlement of Investment Disputes … Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. As such, these tribunals, as in RREEF, Hydro Energy or even in Eiser, had to assess the economic loss of the investors to establish a breach of Spain’s obligation to grant a reasonable rate of return under RD 661/2007. These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators). ARB/13/30, Decision on Jurisdiction, 6 June 2016, paras. Professor Alain Pellet, President . Oko Pankki Oyj, VTB Bank (Deutschland) AG and Sampo Bank Plc v Estonia, ICSID Case No ARB/04/6, Award, 19 November 2007. If you continue to navigate this website beyond this page, cookies will be placed on your browser. This refers to the economic sector to which the investment at issue allegedly belongs. • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA. [5] In the recent years, the Commission has been increasing pressure on arbitral tribunals hearing When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable. 9 See for example, ICSID, decision on jurisdiction of 6 June 2016, case no. The case is RREEF Infrastructure (G.P.) Respondent is the Kingdom of Spain ("Spain") (¶ 7). by the arbitral tribunal in RREEF v. Spain, where it was indicated that even if there was an inconsistency between the ECT and EU … • Pending: the arbitration proceedings are pending. This dispute arose by the Kingdom The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used. In the wake of the global financial crisis of 2008, however, the incentive payments put a strain on regulators. IIA breaches alleged and found v. Kingdom of Spain (ICSID Case No. ARB/15/15. Concluded original arbitration proceedings: Open this in NEW TAB Spain is represented by Ana C. Reyes, Jonathan M. Landy and Benjamin W. Graham of Williams & Connolly LLP and by Csaba M. Rusznak of Sovereign Arbitration Advisors LLC. Print Page; Real Estate. The case is RREEF Infrastructure (GP) Ltd. et al. Date of introduction: 22 Nov 2013. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. Applicable legal instruments: Energy Charter Treaty. • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor. Applicable arbitration rules: ICSID Convention - Arbitration Rules. Limited, RREEF Pan-European Infrastructure Two Lux S.à.r.l. [13] Novenergia II – Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v The Kingdom of Spain, SCC Case No. Proceedings that are not subject to any existing set of arbitral rules, i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Case 1:19-cv-03783-CJN Document 1-1 Filed … Referring to the decisions in RREEF Infrastructure v. Spain and Eiser v. Spain, it noted that the ECT did not contain an implied “disconnection clause.” The tribunal found that the EU would have inserted an express exclusion if it had intended to exclude intra-EU disputes from the purview of the ECT. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. v. Kingdom of Spain, ICSID Case No. RREEF v. Spain RREEF Infrastructure (G.P.) Rather, these awards can be divided into three different lines of reasoning, which are examined in the paragraphs that follow. ISDS data set in excel format (as of 31 July 2020) Offering minimal impact on your working day, covering the hottest topics and bringing the industry's experts to you whenever and wherever you choose, LexisNexis ® Webinars offer the ideal solution for your training needs. "RREEF Infrastructure (GP) Limited and RREEF Pan-European Infrastructure Two Lux Sàrl v Spain, Award, ICSID Case No ARB/13/30, IIC 1637 (2019), despatched 11th December 2019, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. The first line of reasoning was followed by 5 tribunals … //-->.
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