• MCCI: Moscow Chamber of Commerce and Industry The tribunals assessed this issue by balancing the stability obligation under ECT Article 10(1) against the state’s right to … v. Kingdom of Spain (ICSID Case No. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. 781. 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). Otherwise, it is derived from other publicly available sources that are deemed reliable. A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand. SOLARMODUL-HERSTELLER seit 2007 - LUXOR SOLAR - the sunshine people On 18 November 2016, the Respondent requested permission to introduce the final award rendered on 17 July 2016, in the case Isolux Netherlands, B.V. v. Kingdom of Spain, SCC Case V2013/153 (the "Isolux v. Spain (Award)"). ARB/13/30) Expand / Collapse All Applicable IIA. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims. Isolux v. Spain Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain (SCC Case No. Post navigation ← Orascom TMT Investments S.à r.l. The Tribunal came to the conclusion that the Spanish measures, which replaced a renewable energy support scheme for a less favourable new one, amounted to a violation of the fair and equitable treatment standard of Art. T The claim in Novenergia related to the same 2012–2014 reforms as in Eiser and Isolux. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”. Isolux Infrastructure Netherlands, BV v. 490; Masdar v. Spain, para. Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. - Genauigkeit: ±5 % v.Messwert ±10 Digits (10.000 Lux) - Min, Max und Hold Funktion - Hintergrundbeleuchtetes Display - 3¾-stellige LCD-Anzeige. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ Claimant(s): Elecnor S.A., Isolux Corsán Concesiones S.A. Respondent state: Peru. Composition of tribunal Home ; Cases . When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable. 23. Kingdom of Spain, Masdar v. Kingdom of Spain and Greentech v. The Italian Republic). | Hardwicke Although this case concerned the same measures as those targeted in Eiser v. Spain, the Tribunal would reject the legitimate expectations claim of the investors. Isolux Infrastructure Netherlands, BV v. Reino de España, Laudo, Arbitraje SCC V2013/153, 12 July 2016, para. Investment Policy Monitor No. Section: SCC Awards. The Energy Charter Treaty (1994) Nationality of the parties. Net corporate leverage, stable at 1.6 billion. Czech Republic, para. Treaty: Energy Charter Treaty. 366; Isolux v. Spain, paras. The Kingdom of Spain; Isolux v. The Kingdom of Spain; Eiser Infrastructure v. The Kingdom of Spain] (¶ 429). 58. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. The Isolux v. Spain case (Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153) was already resolved a year ago, but the award only became publicly available recently. Proceedings may also be conducted without being administered by any institution. Not included are any other (supplementary) arbitral decisions, e.g. 97. Isolux Netherlands v. Spain Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain, SCC Case No. Energy Charter Treaty ; Contracting Parties and Signatories The Navigator is updated on a regular, typically biannual, basis. Isolux Netherlands v. Spain Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain, SCC Case No. Isolux Corsán Group is a global benchmark in energy, concessions, construction and maintenance of major infrastructure and operates in 40 countries on four continents. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. v.Kingdom of Spain – Award – ICSID Case No. UN Guiding Principles on Business and Human Rights (2011). Isolux v. Spain. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. Documents: Final Award. You can send the message to up to 4 other recipients. ARB/13/36, May 4, 2017. Regarding the Tribunal's jurisdiction, it is determined based on the ECT, not EU law (¶ 430). Isolux Netherlands, BV v. Kingdom of Spain. Isolux Netherlands, BV v. Kingdom of Spain. Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name. The Isolux tribunal concluded that Spain did not breach the fair and equitable (FET) standard because, when Isolux decided to invest in Spain, the regulatory framework for renewable energy had already been modified and was undergoing several studies that made its modification inevitable. 793-798). Date of introduction: 3 Oct 2013. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. RENERGY v. Spain; 2014. The disputing party (i.e. We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. 868 (d). Saluka Investments BV v. Czech Republic [2006] UNCITRAL Arbitration Partial Award, 17 March 2006, para. Amounts claimed and awarded • an international arbitration between an investor and a State; This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. V2013/153 Type of case: Investor-State. Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. The Kingdom of Spain; Isolux v. The Kingdom of Spain; Eiser Infrastructure v. The Kingdom of Spain] (¶ 429). • CRCICA: Cairo Regional Centre for International Commercial Arbitration Isolux Infrastructure Netherlands B.V. vs. Spain, SCC Arbitral Award. Isolux Infrastructure Netherlands B.V. v. Spain, SCC Case V (2013/153) >Claimant : Isolux Infrastructure Netherlands B.V. >Nationality : Netherlands >Respondent : Spain >Procedural rules applied : SCC • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration). The entry point for all country specific investment policy data. Section: SCC Awards. The information included in the Navigator is collected from publicly available sources. Case type: International Investment Agreement. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. Explore the world's most comprehensive free database of investment treaties and model agreements. • Pending: the arbitration proceedings are pending. Claimant did not submit any claims by virtue of EU law. • Judicial review by national courts (set-aside proceedings); and SCC or ICC), the relevant institution administers that case. The short case name is ascribed by UNCTAD. Full case name • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. Common abbreviations for administering institutions: UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. Status of the case: Decided in favor of State . Regarding the Tribunal's jurisdiction, it is determined based on the ECT, not EU law (¶ 430). is added to the name of each subsequent case. Following the Tribunal's invitation, the Claimants filed their observations on 2 December 2016. Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration. • Research and policy analysis: monitoring trends, identifying key emerging issues and providing cutting-edge knowledge on IIAs from a sustainable development perspective, Arbitration analysis: In his analysis of how investment treaty arbitrations are being developed in Spain, Frederico Singarajah of Hardwicke Chambers says the recent ruling in Isolux Netherlands, BV v. Kingdom of Spain will be a useful guide to claims against Spain in the photovoltaic sector, governed by the Energy Charter Treaty 1994 (ECT). • PCA: Permanent Court of Arbitration Primary sources (i.e. 7. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. If you are a subscriber, please Login to access. Ruling will be ‘useful guide’ to cases against Spain (Isolux Netherlands, BV v. Kingdom of Spain) Send to Email address * Open Help options for Email Address. Spain), arbitrators grapple with denial of benefits, nationality planning, tax carve-out and EU law issues Jun 29, 2017 In now-public Isolux v. Spain award, measures that later breached investor protections in Eiser case were not deemed to breach Isolux’s legitimate expectations Jun 29, 2017 Investment treaty: Spain-Peru BIT. 781. Arbitration analysis: In his analysis of how investment treaty arbitrations are being developed in Spain, Frederico Singarajah of Hardwicke Chambers says the recent ruling in Isolux Netherlands, BV v Kingdom of Spain … Explicit representations; The fourth factor is an old favourite in the fair and equitable treatment debate: the question of whether the State has made any explicit promise vis-à-vis the investor, thereby creating legitimate expectations at the outset of the investment (e.g., Charanne v. Spain, para. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons). It is a website destined to become one of the biggest free online databases for lawyers and scholars seeking articles and cases related to international arbitration. Isolux Corsán specialises in energy,construction and concession of large infrastructure projects throughout the world. ga('create', 'UA-68964108-1', 'auto'); These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. Claimant did not submit any claims by virtue of EU law. 98. Isolux v. Spain. • LCIA: London Court of International Arbitration Spain and Isolux v. Spain cases, came to an abrupt end. 1510.13.00 Tauchpumpe LUX mit Entlüftung Spannung: 12 V Stromstärke: max. //-->, http://www.energycharter.org/what-we-do/dispute-settlement/investment-dispute-settlement-cases/38-isolux-infrastructure-netherlands-bv-v-spain/, http://www.iareporter.com/articles/20140416, http://globalarbitrationreview.com/news/article/32872/spain-again-seventh-renewables-claim-icsid/, http://economia.elpais.com/economia/2013/12/24/actualidad/1387886849_677842.html, http://elperiodicodelaenergia.com/quien-es-quien-en-los-10-casos-contra-espana-en-renovables/, http://www.elconfidencial.com/empresas/2016-07-13/laudo-espana-arbitraje-internacional-recorte-renovable_1232050/, http://globalarbitrationreview.com/article/1067174/eu-law-doesn%E2%80%99t-trump-ect-says-pellet-panel, http://www.iareporter.com/articles/a-second-arbitral-tribunal-at-stockholm-weighs-in-with-an-ect-verdict-in-a-spanish-renewables-dispute/, https://onlineservices.cliffordchance.com/online/freeDownload.action?key=OBWIbFgNhLNomwBl%2B33QzdFhRQAhp8D%2BxrIGReI2crGqLnALtlyZe3oHFlG1HycdqrUFXRUYTJLp%0D%0A5mt12P8Wnx03DzsaBGwsIB3EVF8XihbSpJa3xHNE7tFeHpEbaeIf&attachmentsize=87439, https://www.ecestaticos.com/file/d88ce7a07265dbf8d809b453b848f239/1514204320-186-881-tribunals-arbitratge.pdf. Although this case concerned the same measures as those targeted in Eiser v. Spain, the Tribunal would reject the legitimate expectations claim of … Isolux Netherlands v. Spain Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain, SCC Case No. RENERGY v. Spain; 2014. Applicable arbitration rules: SCC Rules of Arbitration. In now-public Isolux v. Spain award, measures that later breached investor protections in Eiser case were not deemed to breach Isolux’s legitimate expectations Jun 29, 2017 | … Details of investment and summary of the dispute Date of introduction: 3 Oct 2013. Documents: Final Award. For further information, please contact us via the online contact form. 10(1) ECT. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. You are not logged in. v the Kingdom of Spain (SCC Case No. Date of introduction: 3 Oct 2013. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ARB/13/36. Information about breaches found is primarily derived from the arbitral decisions. (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), Interests in several photovoltaic plants in Spain. Proceedings that are not subject to any existing set of arbitral rules, i.e. Like in Eiser, Isolux disputed the 2012–2014 regulations. 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. Spain, however, subsequently enacted substantial changes to the special regime, culminating in its abolition in 2014, as a result of whi… Dissenting Opinion of Arbitrator Guido Santiago Tawil. For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section. On 18 November 2016, the Respondent requested permission to introduce the final award rendered on 17 July 2016, in the case Isolux Netherlands, B.V. v. Kingdom of Spain, SCC Case V2013/153 (the "Isolux v. Spain (Award)"). Date of introduction: 3 Oct 2013. • ICSID resubmission proceedings. • ICSID: International Centre for Settlement of Investment Disputes Spain and Isolux v. Spain cases, came to an abrupt end. Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. 860 (c). • 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. Spain, Isolux v. Spain and Antin v. Spain —was the extent to which the host state can exercise its right to regulate by changing its laws without violating FET. The Isolux tribunal concluded that Spain did not breach the fair and equitable (FET) standard because, when Isolux decided to invest in Spain, the regulatory framework for renewable energy had already been modified and was undergoing several studies that made its modification inevitable. Economic sector: Electricity, gas, steam and air conditioning supply. Arbitral decisions rendered Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. These are the arbitral rules in accordance with which the proceedings are conducted. V2013/153 Type of case: Investor-State. Although this case concerned the same measures as those targeted in Eiser v. Spain, the Tribunal would reject the legitimate expectations claim of … Latin America concentrates 56% of the EPC business, followed by Spain (15%), Asia (13%) and the Middle East and Africa (11%). The tribunals in Isolux v. Spain, Antaris v. Czech Republic, and Belenergia v. Italy shared the premise of the first group in the second line (Charanne etc.) • SCC: Stockholm Chamber of Commerce (Arbitration Institute) m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) • Technical assistance: delivering trainings, seminars and workshops; conducting IIA and model BIT reviews; offering ad-hoc advice to strengthen the capacity of beneficiaries in handling the complexities of the IIA regime, Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration. The International Arbitration Society established the Arbitration Database in May 2008. Spain case (Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153) was already resolved a year ago, but the award only became publicly available recently. not as “Pending”). This legislation led companies to finance various renewable energy plants in Spain. Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153, Award, 17 July 2016, para. v. Kingdom of Spain (ICSID Case No. If you are a subscriber, please Login to access. • ICSID annulment proceedings; Separate each address with a semi-colon (;) Example: name1@company.com; name2@organisation.com From (your details) Name * Email address * Choose what you would like to … Background of the Case. The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.