Renewable Energy Arbitrations – Quo Vadis?

Implications of the Spanish Saga for International Investment Law


Based on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.
Filip Balcerzak, Ph.D. (2016), LL.M. (2011), is an Associate Professor at the Faculty of Law and Administration of Adam Mickiewicz University in Poznań, Poland. He is also an arbitrator, attorney at law (Poland and Spain) and a partner at SSW Pragmatic Solutions.
List of Tables

1 Introduction

2 Facts
 1 Introduction
 2 RE Technologies Relevant to the Spanish Saga
 3 European Context
 4 Relevant Domestic Regulatory Framework  5 2010 Disputed Measures  6 2012 Disputed Measures  7 2013–2014 Disputed Measures  8 2019 Measures  9 Spanish Domestic Courts’ Judgments  10 Cases  11 Conclusions
3 Jurisdiction
 1 Intra- EU Objection
 2 Tax Carve-out Objection

4 Liability
 1 Fair and Equitable Treatment
 2 Expropriation
 3 Umbrella Clause

5 Remedies
 1 Restitution
 2 Compensation

6 Conclusions

Academics and postgraduates interested in international investment law and arbitration in the renewable energy sector; lawyers involved in investment disputes; arbitrators, civil servants and the informed public.
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