ICSID tribunal declines to revisit its decision in light of the CJEU’s judgment in Komstroy

• 23/02/2022
• Articles

On 1 February 2022, the tribunal in Infracapital v. Kingdom of Spain (ICSID Case No. ARB/16/18) dismissed Spain’s request to reconsider the tribunal’s jurisdiction to hear a dispute under the Energy Charter Treaty (“ECT”). In its Reconsideration Decision, the tribunal examines and rejects Spain’s intra-EU jurisdictional objection based on the judgment of the Court of Justice of the European Union (“CJEU”) in Case C-741/19, Republic of Moldova v. Komstroy LLC (“Komstroy”) (see our client alert). According to the tribunal, the Komstroy judgment is entirely irrelevant to its rulings on jurisdiction and on liability.

Please click on the link below to read our client alert on this matter.