Consolidating consistency in investment arbitration under the ECT: some reflections on the Renergy award

The contribution aims at analysing the Renergy award, linking it to other recent awards, namely Sevilla Beheer and Green Power. Next to this introduction, it comes in five parts. First, the factual background of the dispute will be addressed, briefly sketching the Spanish legal framework. Second, the main objection to jurisdiction raised by the Respondent, the one concerning « intra EU-disputes », will be analysed. In this regard, the Tribunal’s reasoning will be compared with that of the panel of other two disputes dealing with Komstroy. Third, the other objections will be briefly dealt with. Fourth, the Tribunal’s reasoning and Professor Sands’ Dissenting opinion concerning the merits of the dispute will be tackled. Last, some conclusions will be provided.