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A. LEGISLATION AND RULES A.1 Legislation There have been no relevant legal developments on arbitration in Spain during 2022. B. CASES B.1 Award annulment proceedings: Spanish Constitutional Court revokes two Judgments of the Madrid High Court of Justice on the grounds that they imply an unjustified review under an extensive and unfounded interpretation of the concept of Spanish “public policy.” Judgments of Constitutional Court no. 50/2022, dated 4 April 2022, and no. 79/2022, dated 27…

SPAIN Enrique Silvente and Isabel Pasquau A. LEGISLATION AND RULES A.1 Approval of Royal Decree-Law 17/2019, dated 22 November, which adopts urgent measures for the necessary adaptation of remuneration parameters affecting the electricity system and addresses the process to cease thermal generation plant businesses. By means of the aforementioned Royal Decree-Law, Spain aims to settle the investment arbitrations that have already been brought before ICSID by several energy companies, as well as to avoid the…

The reform of the renewable energy industry in Spain has resulted in more than ten arbitration procedures filed by foreign or foreign-controlled investors, given the difficulty involved in obtaining investment protection from Spanish courts. Foreign control of investments is the critical element which opens the way to arbitration to protect investment. It must be decided whether the basic principles of investor protection have been observed and suitable compensation must be awarded, if appropriate, for any…