The Administrative Judicial Review Act of 1998 and the international arbitrations against Spain

Abstract

The present work does not have as its object the provisions of the Administrative Judicial Review Act 1998 on this or that extreme, but something that should have been contemplated in it and is not: the regime of international investment arbitrations, based on bilateral or multilateral treaties, when they have as their object provisions that can also be challenged in litigation.

The deficiency has been highlighted with particular harshness in the litigation over the 2013/2014 reform (restrictive sense) of the economic regime of the production of electricity with renewable sources, which has led to dismissal pronouncements in Spain and, based on the Energy Charter Treaty, to awards of the opposite direction.