Arbitration procedures against the Kingdom of Spain, derived from claims arising after regulatory changes in the field of renewable energy, have continued in March and April 2020. The following are the most outstanding developments, grouped by subject.
I. Requests for annulment of awards
1. ICSID Case ARB / 13/30. On April 15, 2020, Spain submitted a request for the annulment of the Award of December 11, 2019 -in accordance with Rule 52 of the Regulations- and to suspend its enforcement, pursuant to Rule 54 of the Regulations.
2. ICSID Case ARB / 15/1. On April 6, 2020, the Claimants filed a request for the annulment of the Award of December 2, 2019, issued by majority, pursuant to Rule 52 of the Rules.
3. ICSID Case ARB / 15/15. On April 7, 2020, Spain submitted a request for the annulment of the Award of May 31, 2019 and its correction of December 6, 2019, in accordance with Rule 52 of the Regulations.
4. ICSID Case ARB / 15/36. On April 6, 2020, Spain submitted a request for the annulment of both the Award of September 6, 2019, issued by majority, and its correction of October 28, 2019 -in accordance with Rule 52 of the Regulation- and for the suspension of its enforcement, under Rule 54 of the Regulations.
II. Requests for review and suspension of execution
1. ICSID Case ARB / 14/11. On April 6, 2020, the Committee ruled on the request to suspend the enforcement of the Award of May 31, 2019, made by Spain on September 26, 2019, under Rule 54.2 of the Regulations. The Committee has considered the arguments of both parties and has, based on its content, upheld the request for suspension of the enforcement of the Award of May 31, 2019 requested by Spain until there is a decision on its annulment. However, this suspension is subject to the condition that, within 20 days of its notification and only in the event that the cancellation is finally rejected, Spain agrees in writing to accept the binding nature of the decision on cancellation of the award and to comply, when the time comes, with its payment obligations derived from the ratification, should this be the case, of such a resolution, within 90 days from the notification of the decision by the Committee dismissing the claims for annulment of the Award of May 31, 2019 .
2. ICSID Case ARB / 15/44. On March 11, 2020, Spain submitted a request for the revision of the Award of January 21, 2020, issued by majority, in accordance with Rule 50 and its corresponding Regulations. The Plaintiffs have filed their allegations on April 13, 2020.
III. Challenges
1. ICSID Case ARB / 19/23. On April 14, 2020, Spain challenged the arbitrator proposed by the Claimant, James Spigelman. The hearing for this incident will be carried out in accordance with Rule 9.6 of the Regulations.
2. ICSID Case ARB / 19/30. On April 2, 2020, Spain challenged the arbitrator proposed by the Claimant, Guido Santiago Tawil. The hearing for this incident will be carried out in accordance with Article 9.6 of the Regulations.
