Iberdrola I award (ICSID ARB/09/5)
17 August 2012
2012CIADIIberdrola was the majority shareholder of Empresa Eléctrica de Guatemala (EEGSA), an electricity distributor; the new electricity tariffs Guatemala set in 2008 triggered its first arbitration claim, in 2009, and in 2017 it filed a second. Both were brought under the Spain-Guatemala bilateral investment treaty, and Iberdrola's claims were dismissed in both. Iberdrola I (ICSID ARB/09/5): the tribunal rendered its award on 17 August 2012; according to IAReporter, it dismissed most claims on the basis that they arose purely under domestic law and rejected the denial-of-justice claim on the merits. Iberdrola applied for annulment of the award, and the ad hoc committee issued its decision on 13 January 2015, with a dissenting opinion. Iberdrola II (PCA No. 2017-41, UNCITRAL Arbitration Rules 1976): final award of 24 August 2020; according to a note by the international arbitration observatory of the University of Buenos Aires law faculty, the tribunal found it had no jurisdiction under the treaty, again dismissed the claims under the res judicata principle and held the claim inadmissible under the treaty's fork-in-the-road clause.
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- Decision on annulment, Iberdrola I13 January 20152015CIADI
- Iberdrola II final award (PCA 2017-41)24 August 20202020Observatorio de Arbitraje
