In Sweden (a Member State that did not sign this declaration) in April 2019, the Svea Court of Appeal denied Spain’s request, made in the context of the set-aside proceedings it brought against the Novenergia v. Spain award, to refer the matter to the CJEU for a preliminary ruling. In case an arbitrator has been replaced by another individual (e.g. • ICSID annulment proceedings; Case type: International Investment Agreement. Concluded original arbitration proceedings: Open this in NEW TAB Link to Italaw’s case page Applicable arbitration … Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Novenergia v. Spain Novenergia II - Energy & Environment (SCA), SICAR v. Kingdom of Spain (SCC Case No. If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. Proceedings may also be conducted without being administered by any institution. UNCTAD's Work Programme on International Investment Agreements (IIAs) actively assists policymakers, government officials and other IIA stakeholders to reform IIAs with a view to making them more conducive to sustainable development and inclusive growth. Indirect investment in eight photovoltaic plants in Spain, through Novenergia II Energy & Environment España, S.L., a locally-incorporated company. Petitioner Novenergia II — Energy & Environment (SCA) ("Novenergia") seeks to enforce a € 53.3 million final arbitral award issued by the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC Arbitration Institute") against Respondent, the Kingdom of Spain. In a proceeding brought by Novenergia, a Luxembourg investment fund, a tribunal at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) found that Spain’s electricity reforms breached its obligation to accord to the investor fair and equitable treatment ( FET) under the Energy Charter Treaty ( ECT ). Economic sector and subsector the date in which the request for arbitration containing this amount was submitted or the date of the final award). • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration). ga('create', 'UA-68964108-1', 'auto'); (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ ISDS data set in excel format (as of 31 July 2020) • Judicial review by national courts (set-aside proceedings); and Novenergia argued that Spain contravened its legitimate expectations by retroactively repealing the regime. The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. 695; SolEs Badajoz v. Spain, para. International investment rulemaking is taking place at the bilateral, regional, interregional and multilateral levels. The scope of this decision’s applicability may be clarified after the resolution of Novenergia v Spain, which is currently before the Svea Court of Appeal. At this time, Novenergia Spain was wholly- and directly-owned by the Claimant. Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Proceedings that are not subject to any existing set of arbitral rules, i.e. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); Discover the world’s most comprehensive online database of national investment laws and regulations. • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. The short case name is ascribed by UNCTAD. Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v. The Kingdom of Spain, SCC Case No. Novenergia v. The Kingdom of Spain, SCC Case No. • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA. Applicable IIA The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. Details of investment and summary of the dispute In addition to awarding Novenergia … This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. Included are those decisions that concern the substance of the case and affect the final outcome. Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v. Spain, SCC Case No. Amounts claimed and awarded • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. 062/2012, Award of December 27, 2016. • LCIA: London Court of International Arbitration A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand. Conferees at the December 2018 conference that I attended were told that there are at least four award enforcement cases in US district courts at this time in which an investor from one EU Member State has won an award against another EU Member State for violations of the … Novenergia II Energy & Environment (SCA) (Grand Duchy of - Luxembourg), SICAR v. The Kingdom of Spain (SCC Arbitration (2015/063) - Final Arbitral Award - 15 February 2018 . > Claimant : Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR. Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards. Full case name 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). Additional notes: • Intergovernmental consensus-building: exchanging and sharing best practices and experience with the view to fostering global investment governance. Arbitral decisions rendered When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable. The combination of these five factors may help to explain why Spain has lost nine cases and Italy only one, while the Czech Republic has not lost any (as of yet). In Novenergia , Spain has asked for a preliminary ruling on whether the ECT’s arbitral tribunal is compatible with EU law. 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). One such circumstance is that Novenergia v Kingdom of Spain is only one of many intra-EU arbitrations under the Energy Charter Treaty. 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. 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. not as “Pending”). UNCTAD assumes no responsibility for eventual errors or omissions in these data. The SCC Arbitration Institute held arbitration proceedings in Stockholm and unanimously held that it had jurisdiction and that Spain had violated Article 10 of the ECT . 1:2018cv01148 - Document 42 (D.D.C. A key point of reference for policymakers in formulating investment policies and negotiating investment agreements. Home Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v. The Kingdom of Spain. • Research and policy analysis: monitoring trends, identifying key emerging issues and providing cutting-edge knowledge on IIAs from a sustainable development perspective, (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. 2015/063. • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, Novenergia v Kingdom of Spain’s arbitration regarding seven photovoltaic installations in Spain March 2, 2018 Paolo Bossi Latham & Watkins has secured a victory for Novenergia II Energy & Environment, (SCA), SICAR, a Luxembourg-based renewables investment fund, in a Stockholm Chamber of Commerce arbitration against the Kingdom of Spain. Explore the world's most comprehensive free database of investment treaties and model agreements. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Abengoa CSP Equity Investment S.à.r.l. Discontinuance orders and settlement agreements are also recorded if such information is available. What tax policymakers need to know about IIAs and their implications for tax measures. • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. SCC or ICC), the relevant institution administers that case. Spain defeated the first two claims it faced, brought by Dutch entities Charanne I and Isolux, although the first of these concerned measures introduced in 2010, while the other cases relate to a further set of reforms introduced in 2013. NOVENERGIA II - ENERGY & ENVIRONMENT (SCA) v. KINGDOM OF SPAIN, No. The final award in this proceeding was issued on February 15, 2018. 063/2015, Award of February 15, 2017. Common abbreviations for administering institutions: , 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, Procedural Order No. ga('send', 'pageview'); • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation); ISDS Navigator > Nationality : Luxembourg. It continues to expand its portfolio’s size, geographic scope and in the technologies utilized. The disputing party (i.e. Award May 2020; DOI: 10.1007/978-3-030-33916-6_10. With the expansion of global trade, investment and technology over the last decades, international investment. An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. Please contact us using the online contact form. The International Arbitration Society established the Arbitration Database in May 2008. Similarly, procedural orders issued by arbitral tribunals are not included. Abstract. is added to the name of each subsequent case. These are decisions rendered by an arbitral tribunal. Following an examination pursuant to Art. The ISDS Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). 2015/095) 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 annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. Find details on all publicly known treaty-based investor-State dispute settlement cases. Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases. Novenergia claimed that Spain's actions violated its obligation under the ECT to accord "fair and equitable" treatment to investors from signatory states. • MCCI: Moscow Chamber of Commerce and Industry Charanne B.V. and Construction Investments S.A.R.L. The three pillars of activities as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. The international arbitral tribunal unanimously found that the Kingdom of Spain’s fundamental overhaul of its renewable energy system, culminating in Royal Decree-Law 9/2013 and attendant regulations, was in violation of the Kingdom of Spain’s obligation under Article 10(1) of the ECT to accord fair and equitable treatment to Novenergia’s seven photovoltaic installations in Spain. • ICC: International Chamber of Commerce (International Court of Arbitration) not as “Pending”). ¶ 9.) • Develop a wide range of tools to support the formulation of more balanced international investment policies. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. On March 13, 2018 respondent filed a Request for Rectification, Clarification and Complement of the Final Award. Administering institution v. The Kingdom of Spain, SCC, Arbitration No. For further information, please contact us via the online contact form. Spain, para. //-->
