- ICSID—jurisdiction under the Energy Charter Treaty (9REN Holdings v Spain)
- What are the practical implications of the award? What are the wider implications of the award for investment treaty practitioners?
- What was the background to the claim?
- What were the investor’s claims against Spain and on what grounds was jurisdiction argued?
- On what bases did the tribunal find jurisdiction over the claims?
- How did the tribunal decide the arguments based on Achmea?
Arbitration analysis: In 9REN Holdings v Spain, an International Centre for Settlement of Investment Disputes (ICSID) tribunal affirmed previous investment tribunal rulings on the application of the concept of legitimate expectations in the standard of fair and equitable treatment. Stephanie Forrest, associate in the litigation/controversy department at WilmerHale, examines the case’s implications of opening up a discussion on the treaty-making powers of the European Commission and EU Member States involving the Energy Charter Treaty (ECT).
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