Arbitraje de energías renovables, ¿quo vadis?Implicaciones de la experiencia española para el derecho internacional de inversiones

Abstract

Based on analysis of 21 arbitral awards rendered in the cases against Spain, this thesis discusses the current challenges faced by international investment law in the renewable energy sector. It addresses questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. The thesis offers critical insight and generally applicable lessons for the future – both for arbitrators and other adjudicators of renewable energy disputes, as well as for policymakers.