In the Electrabel v Hungary case, the tribunal held that EU law prevails over the ECT ‘in case of any material inconsistency’ while the opposite conclusion was reached in RREEF v Spain. Only in RREEF did the host state renege on that promise. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings. Link to Italaw’s case page Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases. • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor. The three pillars of activities In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. Otherwise, it is derived from other publicly available sources that are deemed reliable. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. The date of the last update is displayed on the Navigator’s home page. ARB/13/30 at 88-90. Follow-on (post-award) proceedings include three types of legal proceedings: Limited (RREEF) earned a reasonable rate of return on its solar investments. • ICC: International Chamber of Commerce (International Court of Arbitration) Mr. Gonzalo Flores . Common abbreviations for administering institutions: © Copyright - UNCTAD Division on Investment and Enterprise. The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards. is added to the name of each subsequent case. SCC or ICC), the relevant institution administers that case. Claimant did not submit any claims by virtue of EU law. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable. • ICSID: International Centre for Settlement of Investment Disputes 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. Applicable arbitration rules: ICSID Convention - Arbitration Rules. 24, February 2021. v. Kingdom of Spain (ICSID Case No. Popular Searches. Respondent: Spain. 2015/063. a-from-charanne-v-spain-to-the-pv-investors-v-spain-trying-to-see-the-wood-for-the-trees/ In the early 2000s, several European states introduced generous incentive programs to attract investors to renewable energy, triggering an investment boom. 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. [12] RREEF Infrastructure (G.P.) Secretary of the Tribunal . Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. Arbitral decisions rendered INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES RREEF Infrastructure (G.P.) Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. ARB/13/30) Expand / Collapse All Applicable IIA. Status/Outcome of original proceedings [12] RREEF Infrastructure (G.P.) The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. Nothing further on the factual background is explained. Strategic Outlooks: Europe / US / Asia Pacific. See also Barcelona Traction, Light and Power Co., Ltd. (Belgium v Spain… • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, ARB/13/30, Decision on Jurisdiction, 6 June 2016, paras. Applicable arbitration rules: ICSID Convention - Arbitration Rules. ARB/13/30 Antin Infrastructure Services Luxembourg S.à.r.l. 9 See for example, ICSID, decision on jurisdiction of 6 June 2016, case no. Electricity, gas, steam and air conditioning supply, See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Notice of Arbitration (not public, see IAReporter article), Decision on Responsibility and on the Principles of Quantum, Partial Dissenting Opinion of Robert Volterra. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. RREEF Infrastructure v Spain, ICSID Case No. //-->. If you continue to navigate this website beyond this page, cookies will be placed on your browser. The first line of reasoning was followed by 5 tribunals … Limited, of Jersey, in the Channel Islands, and RREEF Pan-European Infrastructure Two Lux SARL, of Luxembourg v. Kingdom of Spain at the U. S. District Court for the District of Columbia. "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. Spain (see under No. v. Kingdom of Spain, ICSID Case No. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents. British Caribbean Bank Ltd v Belize (PCA Case 2010-18), Award, 19 December 2014 Proceedings that are not subject to any existing set of arbitral rules, i.e. 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 (G.P.) As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. Information about breaches found is primarily derived from the arbitral decisions. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. ARB/20/30 09 Januar 2021 Read More → 9REN Holdings S.À.R.L. Additional notes: Spain (en) Sweden (en) Switzerland; Taiwan; United Kingdom; USA; DWS KGaA; Investor Relations; Media; Career; Country Websites; Search. This case was filed in U.S. District Courts, District Of Columbia District. This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings. Discover the world’s most comprehensive online database of national investment laws and regulations. the date in which the request for arbitration containing this amount was submitted or the date of the final award). Case type: International Investment Agreement. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”. By contrast, according to the tribunals in The PV Investors v. Spain, Stadtwerke v. Spain, BayWa v. Spain, and Wirtgen v. Czech Republic, investors could only legitimately expect a reasonable return from the outset; and that legislative amendments would not be unreasonable, arbitrary or disproportionate. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable. Claimant did not submit any claims by virtue of EU law. 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 ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. Additional information RREEF v. Spain RREEF Infrastructure (G.P.) RREEF Infrastructure G.P. • PCA: Permanent Court of Arbitration --Editing by Gemma Horowitz. RREEF v. Spain RREEF Infrastructure (G.P.) ga('send', 'pageview'); Please contact us using the online contact form. Stadtwerke München GmbH, RWE Innogy GmbH, and others v. Kingdom of Spain (ICSID Case No. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. RREEF v. Spain; 2013. Year of initiation as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. Nationality : UK, Luxembourg >Respondent : Spain >Procedural rules applied : ICSID >Chair : Alain Pellet >Arbitrator appointed by Claimant : Robert … • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason. Search. Date of introduction: 22 Nov 2013. The 28 arbitral awards from Charanne v. Spain to The PV Investors v. Spain did not give a uniform answer to this question. This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. RREEF Pan-European Infrastructure Two Lux S.à r.l. This line of argumentation has been challenged, e.g. v Kingdom of Spain, ICSID Case No. Limited and RREEF Pan-European Infrastructure Two Lux S.à.r.l. • SCC: Stockholm Chamber of Commerce (Arbitration Institute) ARB/15/1) April 3, 2020. • Reform the international investment agreements (IIAs) regime to enhance its sustainable development dimension, To enable comparisons between cases, all amounts are also converted to US dollars. The purchase is being made by the RREEF Pan-European Infrastructure Fund, L.P. via its subsidiary Fronterasol B.V. RREEF Infrastructure (G.P.) 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. • ICSID resubmission proceedings. • 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, v. Spanien, Erstellung eines Rechtsgutachtens … The present proceedings are still pending. Limited and RREEF Pan-European Infrastructure Two Lux SARL, ICSID Case No. not as “Pending”). International investment rulemaking is taking place at the bilateral, regional, interregional and multilateral levels. You are not logged in. Applicable IIA Shareholding in two solar power plants located in Andalucía, Spain. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided. Professor Pedro Nikken . • MCCI: Moscow Chamber of Commerce and Industry Apr 08, 2019 | by Lisa Bohmer. ISDS data set in excel format (as of 31 July 2020) Home » Insights » Alternatives Research » Real Estate; Share this page. Please cite as: UNCTAD, Investment Dispute Settlement Navigator, available at https://investmentpolicy.unctad.org/investment-dispute-settlement. v. Spain ICSID Case No. Status of the case: … Docket for RREEF INFRASTRUCTURE (G.P.) Ltd. et al. 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. ARB/13/30 . Members of the Tribunal . AWARD . This refers to the current status of the original arbitration proceedings. • Intergovernmental consensus-building: exchanging and sharing best practices and experience with the view to fostering global investment governance. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. First Line of Reasoning – All State Measures Frustrated Legitimate Expectations. In the Electrabel v Hungary case, the tribunal held that EU law prevails over the ECT ‘in case of any material inconsistency’ while the opposite conclusion was reached in RREEF v Spain. Docket (#1) PETITION TO CONFIRM ARBITRATION AWARD / Petition to Enforce ICSID Arbitration Award and Enter Judgment against KINGDOM OF SPAIN ( Filing fee $ 400 receipt number ADCDC-6664191) filed by RREEF INFRASTRUCTURE (G.P.) PCA). ARB/13/30 Type of case: Investor-State. RREEF Infrastructure v Spain, ICSID Case No. RREEF Infrastructure (G.P.) • CRCICA: Cairo Regional Centre for International Commercial Arbitration 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). The decision on jurisdiction was issued on June 6, 2016 and it is publicly available only in a redacted form. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. Aktuelle Beratungsprojekte im Themenbereich. (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), No. Charanne v. Spain to The PV Investors v. Spain: Trying to See the Wood for the Trees Kluwer Arbitration Blog ... WA v. Czech Republic). Follow the latest developments in investment policies around the world. Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. In case an arbitrator has been replaced by another individual (e.g. Applicable legal instruments: Energy Charter Treaty. by the arbitral tribunal in RREEF v. Spain, where it was indicated that even if there was an inconsistency between the ECT and EU … 9REN Holding S.a.r.l v. Kingdom of Spain, ICSID Case No. [5] In the recent years, the Commission has been increasing pressure on arbitral tribunals hearing Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. ARB/13/30 Limited and RREEF Pan-European Infrastructure Two Lux S.à.r.l. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. 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. • LCIA: London Court of International Arbitration This refers to the economic sector to which the investment at issue allegedly belongs. not as “Pending”). UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. RREEF and its partners will face competition from ENAGAS 11 (around [50 … Follow-on (post-award) proceedings If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded. Research Report: Europe Real Estate Strategic Outlook … The full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable (listing the claimants in alphabetical order). For further information, please contact us via the online contact form. [CDATA[// >