Landesbank Baden-Württemberg and others v Kingdom of Spain - ICSID Case No. ARB/15/45 - Decision on the "Intra-EU" Jurisdictional Objection - 25 February 2019
Country
Year
2019
Summary
Case Report (free download)
Case Report by Eleni Bakalarou, Editor: Ignacio Torterola
Summary
Claimant brought an action for relief against the Kingdom of Spain under the Energy Charter Treaty (hereinafter referred to as "ECT"), alleging that the Kingdom of Spain, through the implementation of a series of reforms, failed to honour its obligations for offering and guaranteeing certain conditions to investors. Following preliminary objections, the Tribunal decided to dedicate a phase of the proceedings in determining whether Respondent's intra-EU jurisdictional objection shall be accepted.
Main issues
Effect of the Achmea case, Relationship between ECT and EU Law, Validity of offer to arbitrate under Article 26 ECT, Determination of what is deemed "settled law".
Case report provided by International Arbitration Case Law (IACL)
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