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 | … Not included are any other (supplementary) arbitral decisions, e.g. This refers to the economic sector to which the investment at issue allegedly belongs. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. Net loss of €20 million in the first nine months of 2015; Share: Isolux Corsan ends its second contract in Senegal November 23, 2015. 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. 24. Documents: Final Award. 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 … V2013/153 Type of case: Investor-State. Proceedings may also be conducted without being administered by any institution. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. 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 v. Spain Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain (SCC Case No. • Intergovernmental consensus-building: exchanging and sharing best practices and experience with the view to fostering global investment governance. 781. 112. 58. 860 (c). To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section. An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. Applicable arbitration rules: SCC Rules of Arbitration. the date in which the request for arbitration containing this amount was submitted or the date of the final award). not as “Pending”). 793-798). • Judicial review by national courts (set-aside proceedings); and Net corporate leverage, stable at 1.6 billion. Included are those decisions that concern the substance of the case and affect the final outcome. - Genauigkeit: ±5 % v.Messwert ±10 Digits (10.000 Lux) - Min, Max und Hold Funktion - Hintergrundbeleuchtetes Display - 3¾-stellige LCD-Anzeige. UN Guiding Principles on Business and Human Rights (2011). For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. 2 By virtue of their shares in Grupo Isolux Corsán S.A and Grupo Isolux Corsán Concesiones S. A. Isolux v. Spain. The dispute with LBBW lines up alongside with more than 30 investment arbitration proceedings against Spain due to the country’s reforms of the renewable energy sector. • Reform the international investment agreements (IIAs) regime to enhance its sustainable development dimension, Date of introduction: 3 Oct 2013. 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 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 Energy Charter Treaty (1994) Nationality of the parties. 781. Isolux Corsán Concesiones S.A. v. Republic of Peru, ICSID Case No. V2013/153 Type of case: Investor-State. Date of introduction: 3 Oct 2013. 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. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153, Award, 17 July 2016, para. Discontinuance orders and settlement agreements are also recorded if such information is available. 98. Case ID: SCC Case V2013/153. • CRCICA: Cairo Regional Centre for International Commercial Arbitration 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. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. Economic sector: Electricity, gas, steam and air conditioning supply. Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic , ICSID … 23. V2013/153 An arbitral tribunal administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) dismissed all claims brought against Spain by Isolux Infrastructure B.V. (Isolux). 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. is added to the name of each subsequent case. In the late 1990s, Spain implemented extensive legislation which established a special regime for renewable energy production. 14 l / min Förderhöhe: max. Navigation. not as “Pending”). Details of investment and summary of the dispute • SCC: Stockholm Chamber of Commerce (Arbitration Institute) If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Arbitral rules Tertiary: D - Electricity, gas, steam and air conditioning supply, 35 - Electricity, gas, steam and air conditioning supply, None - all claims dismissed at the merits stage, Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain, Arbitral rules and administering institution, Decided in favour of neither party (liability found but no damages awarded), ISDS data set in excel format (as of 31 July 2020), https://investmentpolicy.unctad.org/investment-dispute-settlement, Investment Dispute Settlement Navigator >, 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. Economic sector: Electricity, gas, steam and air conditioning supply . Investment Policy Monitor No. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. The ISDS Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). ARB/13/30) Expand / Collapse All Applicable IIA. Novenergia II – Energy & Environment (SCA) v. The Kingdom of Spain, Final Award, SCC Arbitration (2015/063), 15 February 2018, para. 10(1) ECT. RENERGY v. Spain; 2014. Regarding the Tribunal's jurisdiction, it is determined based on the ECT, not EU law (¶ 430). The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4). 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)"). 96. Saluka Investments BV v. Czech Republic [2006] UNCITRAL Arbitration Partial Award, 17 March 2006, para. • ICC: International Chamber of Commerce (International Court of Arbitration) 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.) Claimant(s): Elecnor S.A., Isolux Corsán Concesiones S.A. Respondent state: Peru. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. Additional information (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ The disputing party (i.e. • ICSID resubmission proceedings. Dissenting Opinion of Arbitrator Guido Santiago Tawil. Isolux Netherlands, BV v. Kingdom of Spain. UNCTAD assumes no responsibility for eventual errors or omissions in these data. Czech Republic, para. 6. Lichtmessgerät PCE-LED 20 . Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic , … International investment rulemaking is taking place at the bilateral, regional, interregional and multilateral levels. 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. The Navigator is updated on a regular, typically biannual, basis. Treaty: Energy Charter Treaty. Date of introduction: 3 Oct 2013. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable. Isolux Infrastructure Netherlands B.V. v. the Kingdom of Spain, SCC Case No. Case type: International Investment Agreement. You are not logged in. that general legislation could in principle give rise to legitimate expectations. m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. 98. Energy Charter Treaty ; Contracting Parties and Signatories Applicable arbitration rules: ICSID. These are decisions rendered by an arbitral tribunal. Please cite as: UNCTAD, Investment Dispute Settlement Navigator, available at https://investmentpolicy.unctad.org/investment-dispute-settlement. SCC or ICC), the relevant institution administers that case. Applicable legal instruments: Energy Charter Treaty. 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). Section: SCC Awards. UNCTAD's Work Programme on International Investment Agreements (IIAs) actively assists policymakers, government officials and other IIA stakeholders to reform IIAs with a view to making them more conducive to sustainable development and inclusive growth. This is the institution that provides administrative support for the arbitral proceedings. that general legislation could in principle give rise to legitimate expectations. Additional notes: Status of the case: Decided in favor of State . Isolux Corsán is immersed in a growing internationalisation process it is active in more than 30 countries. • Develop a wide range of tools to support the formulation of more balanced international investment policies. 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. Arbitral decisions rendered The tribunals assessed this issue by balancing the stability obligation under ECT Article 10(1) against the state’s right to … Composition of tribunal 6,5 m Förderdruck: max. The date of the last update is displayed on the Navigator’s home page. This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. Similarly, procedural orders issued by arbitral tribunals are not included. This article was first published on LexisPSL on 27 September 2017. • 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. Isolux v. Spain. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. This legislation led companies to finance various renewable energy plants in Spain. ARB/12/5 (formerly Elecnor S.A. and Isolux Corsán Concesiones S.A. v. Republic of Peru) Case type: International Investment Agreement. 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. ISDS data set in excel format (as of 31 July 2020) | Hardwicke V2013/153 Type of case: Investor-State. 490; Masdar v. Spain, para. If you are a subscriber, please Login to access. Common abbreviations for administering institutions: In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. Following the Tribunal's invitation, the Claimants filed their observations on 2 December 2016. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. Case report by: Francisco Zuluaga Ospina**, Editor Diego Luis Alonso Massa*** Summary: In a decision rendered on May 4, 2017, the International Centre for Settlement of Investment Disputes addressed an issue concerning the changes in the renewable energy regulatory framework of Spain. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. 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 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). SOLARMODUL-HERSTELLER seit 2007 - LUXOR SOLAR - the sunshine people The Kingdom of Spain; Isolux v. The Kingdom of Spain; Eiser Infrastructure v. The Kingdom of Spain] (¶ 429). Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. //-->