In Eiser v. Spain (Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. Spain meets the ICSID grand inquisitor: the Eiser case. ARB/13/36) the investor had invested in concentrated solar power plants from 2007 onwards. Claimants and KINGDOM OF SPAIN Applicant/Respondent ICSID Case No. Analysis: Eiser v. Spain annulment committee stresses its role as guardian of the ICSID system, imposes a “high” bar for double hatting, and finds that numerous undisclosed past and present connections between an arbitrator and the claimants’ quantum experts warrants annulment of the underlying award Between 2007 and 2011, Eiser Infrastructure Limited (a London-based multinational asset manager) and … ARB/13/36 Type of case: Investor-State. 2. Eiser v Spain - ICSID Case No. Charanne and Construction Investments v. Spain, SCC Case No. ARB/13/36, Award, 4 May 2017. v. Kingdom of Spain, ICSID Case No. Decision on the Kingdom of Spain’s (“Spain”) Application for Annulment dated 11 June 2020 (the “Decision”).1 The Decision concerned the award rendered on 4 May 2017 in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. On 11 June 2020, an ad hoc committee (the ‘Committee’)1 rendered a decision on the request filed by the Kingdom of Spain (‘Spain’) to annul the award issued in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l v Spain, ICSID Case No ARB/13/36 (the ‘Underlying Arbitration’ or ‘Eiser’) In Eiser Infrastructure Ltd and another v Spain (ICSID Case No. Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. Eiser and Energía Solar v. Spain Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. by Rob Howse. --Editing by Amy Rowe. ARB/13/36 (the “Award”). On June, 11 2020, the Committee rendered its decision on Respondent Spain’s application to annul the award in Eiser v. Spain (the “Annulment Decision”) based on arbitrator, Dr. Stanimir A. Alexandrov’s failure to disclose a prior and continuing relationship with expert Carlos Lapuerta of the Brattle Group. The case is Eiser Infrastructure Ltd. et al. [4] Cf. v. Kingdom of Spain, ICSID Case No. EISER INFRASTRUCTURE LIMITED AND ENERGÍA SOLAR LUXEMBOURG S.À R.L. ARB/13/36 Type of case: Investor-State. v. Kingdom of Spain, case number 1:18-cv-01686, in the U.S. District Court for the District of Columbia. Eiser Infrastructure Limited and Energia Solar Luxembourg Sarl v Kingdom of Spain, ICSID Case No. Eiser v. Spain. Date of introduction: 23 Dec 2013. ARB/13/36, 4 May 2017 (award published in Spanish only) What was the factual background to the claim? v. Kingdom of Spain, ICSID Case No. ARB/13/36 - Annulment Proceeding - Decision Sobre La Solicitud De Anulación Del Reino De España - Spanish - 11 June 2020 The recent Eiser v.Spain ICSID award is yet another example of a state being condemned to pay a large monetary sum merely because an investor has been economically disadvantaged by a reasonable and necessary regulatory change. Eiser and Energía Solar v. Spain Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. Eiser, which generates renewable energy in Spain, … v. Kingdom of Spain, ICSID Case No. ARB/13/36 DECISION ON THE KINGDOM OF SPAIN’S APPLICATION FOR ANNULMENT Members of the ad hoc Committee Prof. Ricardo Ramírez Hernández, President Mr. Makhdoom Ali Khan, Member Judge Dominique Hascher, Member Date of introduction: 23 Dec 2013. Its facilities had become operational in 2012. IELP Blog | 23 August 2017. ARB/13/36), an ICSID tribunal considered whether Spain had breached the fair and equitable treatment standard (FET) provided for in Article 10(1) of the Energy Charter Treaty (ECT) by changing the regulatory regime applicable to the renewable energy sector.