Eiser v. Spain. Decision on the Kingdom of Spainâs (âSpainâ) Application for Annulment dated 11 June 2020 (the âDecisionâ).1 The Decision concerned the award rendered on 4 May 2017 in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36), an ICSID tribunal considered whether Spain had breached the fair and equitable treatment standard (FET) provided for in Article 10(1) of the Energy Charter Treaty (ECT) by changing the regulatory regime applicable to the renewable energy sector. Eiser and Energía Solar v. Spain Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. ARB/13/36, Award, 4 May 2017. Eiser, which generates renewable energy in Spain, ⦠ARB/13/36 DECISION ON THE KINGDOM OF SPAINâS APPLICATION FOR ANNULMENT Members of the ad hoc Committee Prof. Ricardo Ramírez Hernández, President Mr. Makhdoom Ali Khan, Member Judge Dominique Hascher, Member Analysis: Eiser v. Spain annulment committee stresses its role as guardian of the ICSID system, imposes a âhighâ bar for double hatting, and finds that numerous undisclosed past and present connections between an arbitrator and the claimantsâ quantum experts warrants annulment of the underlying award by Rob Howse. Charanne and Construction Investments v. Spain, SCC Case No. Between 2007 and 2011, Eiser Infrastructure Limited (a London-based multinational asset manager) and ⦠Eiser Infrastructure Limited and Energia Solar Luxembourg Sarl v Kingdom of Spain, ICSID Case No. 2. EISER INFRASTRUCTURE LIMITED AND ENERGÍA SOLAR LUXEMBOURG S.À R.L. In Eiser v. Spain (Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. Date of introduction: 23 Dec 2013. ARB/13/36) the investor had invested in concentrated solar power plants from 2007 onwards. v. Kingdom of Spain, ICSID Case No. Spain meets the ICSID grand inquisitor: the Eiser case. Its facilities had become operational in 2012. ARB/13/36 Type of case: Investor-State. v. Kingdom of Spain, ICSID Case No. On 11 June 2020, an ad hoc committee (the âCommitteeâ)1 rendered a decision on the request filed by the Kingdom of Spain (âSpainâ) to annul the award issued in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l v Spain, ICSID Case No ARB/13/36 (the âUnderlying Arbitrationâ or âEiserâ) IELP Blog | 23 August 2017. ARB/13/36 Type of case: Investor-State. On June, 11 2020, the Committee rendered its decision on Respondent Spainâs application to annul the award in Eiser v. Spain (the âAnnulment Decisionâ) based on arbitrator, Dr. Stanimir A. Alexandrovâs failure to disclose a prior and continuing relationship with expert Carlos Lapuerta of the Brattle Group. Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. --Editing by Amy Rowe. ARB/13/36, 4 May 2017 (award published in Spanish only) What was the factual background to the claim? In Eiser Infrastructure Ltd and another v Spain (ICSID Case No. ARB/13/36 - Annulment Proceeding - Decision Sobre La Solicitud De Anulación Del Reino De España - Spanish - 11 June 2020 v. Kingdom of Spain, case number 1:18-cv-01686, in the U.S. District Court for the District of Columbia. Eiser and Energía Solar v. Spain Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. The case is Eiser Infrastructure Ltd. et al. [4] Cf. The recent Eiser v.Spain ICSID award is yet another example of a state being condemned to pay a large monetary sum merely because an investor has been economically disadvantaged by a reasonable and necessary regulatory change. Claimants and KINGDOM OF SPAIN Applicant/Respondent ICSID Case No. Eiser v Spain - ICSID Case No. ARB/13/36 (the âAwardâ). Date of introduction: 23 Dec 2013. v. Kingdom of Spain, ICSID Case No.
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