Arbitral Digest

Matter

Eiser Infrastructure Limited and Energia Solar Luxembourg S.a r.l. v. Kingdom of Spain (ICSID Case No. ARB/13/36)

Case no.
ARB/13/36
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 4 May 2017Arbitration

    4 May 2017Arbitration

    Arbitral Award dated 4 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal held that it had jurisdiction, found that Spain had violated Article 10(1) of the Energy Charter Treaty, and ordered Spain to pay the Eiser Parties EUR 128 million in damages.

    Supporting details

    2 authorities · 3 participants
    Eiser Infrastructure Limited
    Energia Solar Luxembourg S.a r.l.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Energy Charter Treaty (1994 Energy Charter Treaty)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty

    10 months and 19 days later · 323 days

  2. 23 March 2018Arbitration

    23 March 2018Arbitration

    Decision on Stay dated 23 March 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee decided that no circumstances required continuation of the stay of enforcement pending its decision on annulment, terminated the stay, and ordered the Eiser Parties to provide an undertaking concerning repayment and transfer of amounts received under the Award.

    Supporting details

    3 participants
    Eiser Infrastructure Limited
    Energia Solar Luxembourg S.a r.l.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    4 months and 18 days later · 140 days

  3. 10 August 2018Arbitration

    10 August 2018Arbitration

    Procedural Order No. 2 dated 10 August 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee rejected Spain's Request for Modification, confirmed that the stay of enforcement had terminated, and ordered the Eiser Parties to provide evidence and confirmation concerning the undertaking for repayment and disbursement of funds.

    Supporting details

    3 participants
    Eiser Infrastructure Limited
    Energia Solar Luxembourg S.a r.l.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    2 months and 1 day later · 62 days

  4. 11 October 2018Arbitration

    11 October 2018Arbitration

    Procedural Order No. 3 dated 11 October 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee allowed the European Commission to file a written submission as a non-disputing party on the identified procedural issue, subject to a commitment to pay the associated costs.

    Supporting details

    3 participants
    European Commission
    Eiser Infrastructure Limited
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    4 months and 18 days later · 141 days

  5. 1 March 2019Arbitration

    1 March 2019Arbitration

    Procedural Order No. 4 dated 1 March 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee issued a procedural order concerning procedural matters, including the organization of the hearing on annulment.

    Supporting details

    2 participants
    Eiser Infrastructure Limited
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

Matter record

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Eiser Infrastructure Limited and Energia Solar Luxembourg S.a r.l. v. Kingdom of Spain (ICSID Case No. ARB/13/36) · Matter