Region: Spain

“Side-switching” challenge rejected on appeal

A Spanish contractor has failed in a renewed bid to overturn a US$40 million ICC award over a Peruvian refinery on the basis that two members of its counsel team joined the opposing side’s law firm while the arbitration was pending – as a separate dispute over a US$1 billion project in Algeria gets underway.

27 July 2022

Bolivia ordered to complete nationalisation of pension fund

An ICSID additional facility tribunal has ordered Bolivia to pay US$105 million and complete its acquisition of a Spanish banking group’s pension fund administrator, finding the investor had been held “hostage” by delays to the 12-year nationalisation process.

15 July 2022

Madrid utility threatens Colombia over corruption investigation

A publicly owned Madrid water utility has threatened Colombia with an investment treaty claim after its assets were frozen as part of a corruption investigation – a dispute that has already seen the Spanish government intervene.

13 July 2022

Spanish government lawyer heads to Eversheds

Rafael Gil Nievas has left his role as deputy head of the Spanish government team that handles investor-state disputes to join Eversheds Sutherland – after helping the state win a landmark jurisdictional victory in an intra-EU case.

06 July 2022

Costa Rica defeats claim over public health closure

Costa Rica has defeated a Spanish businessman’s US$100 million ICSID claim over the closure of his chicken meat-processing business on public health grounds, avoiding liability findings or any award of damages.

01 July 2022

ECJ dismisses London award in oil spill saga

Following what is thought to be the last reference from an English court pre-Brexit, the European Court of Justice has ordered that an €855 million Spanish court judgment over an oil spill in the Atlantic must be enforced in England and denied the jurisdiction of a sole arbitrator who issued “irreconcilable” rulings years earlier.

24 June 2022

Tribunal upholds Spain's intra-EU objection

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022

Morocco dragged to ICSID over satellite cities project

A Spanish construction company has brought a €407 million ICSID claim against Morocco over a thwarted project to build two satellite cities to combat urban congestion.

16 June 2022

ICSID panel upholds renewables award against Spain

An ICSID annulment committee has upheld a €60 million renewables award won against Spain by Deutsche Bank-affiliated funds, dismissing arguments the arbitral tribunal wrongly upheld jurisdiction over the intra-EU dispute and should have applied EU state aid law.

16 June 2022

Spain fails in latest solar award challenge

An ICSID annulment committee has upheld a €28 million Energy Charter Treaty award won by a group of UK renewables investors against Spain, dismissing arguments the claimants fraudulently lied about the capacity of their solar facilities to access subsidies.

14 June 2022

Get unlimited access to all Global Arbitration Review content