An arbitral tribunal that finds that it has jurisdiction under Article 26 of the ECT in a dispute between EU investors and an EU Member State does not commit a manifest excess of power within the meaning of Article 52(1) of the ICSID Convention

In a decision dated 8 May 2023, an ICSID ad hoc Committee ruled on an application to set aside an award made in an arbitration brought under Article 26 of the Energy Charter Treaty (“ECT”) by Baywa R.E. Renewable Energy Gmbh and Baywa R.E. Asset Holding Gmbh against Spain. In its award dated 25 January […]

Enforcement of arbitral awards against States under Sanctions: a new challenge

In addition to the classic difficulties relating to immunity, the enforcement of arbitral awards against certain States faces an additional obstacle following a ruling by the CJUE on November 11, 2021: the freezing of assets subject to sanctions. Tunisian company Siba Plast carried out several attachments on various assets of the Libyan National Transitional Council […]