Case Report (free download)
Case Report by Iryna Ivanova, Editor: Ignacio Torterola
Claimant brought an action for relief against Spain pursuant to the Energy Charter Treaty (the " ECT") alleging that Spain breached fair and equitable treatment, transparency and non-discrimination standards and expropriation protections in relation to the Claimant's investments in photovoltaic power plants located in Spain. The Tribunal dealt with the questions of jurisdiction over the intra-EU disputes and revisited the definition of the "investor". On the merits, the Tribunal decided to determine whether Respondent breached fair and equitable treatment under Article 10 of the ECT and whether Respondent expropriated the Claimant's investments in the meaning of Article 13 of the ECT.
Tribunal's jurisdiction over intra-EU disputes under the ECT; the definition of "substantial business activities" and "investor" under the ECT; the possibility to get remedies for taxation under the ECT; basis for legitimate expectations; frustration of legitimate expectations; transparency duty; statutory obligations and expropriation in the context of the ECT.
Case report provided by International Arbitration Case Law (IACL)
More Case Reports?
You can find all TDM IACL Case Reports here.