DCM Energy v. Spain (Dissenting Opinion of Pierre-Marie Dupuy)
ICSID · Investment (ICSID and treaty) · International (investor-state) · September 30, 2024
Why it matters
DCM Energy v. Spain is an investment-treaty arbitration, in which a foreign investor argued that a state had fallen short of the protections it had promised under a treaty. Disputes of this kind turn on the balance between an investor's protections and a state's freedom to regulate in the public interest. The tribunal's full reasoning, and any sum awarded, are set out in the original.
Summary
This is the dissenting opinion of pierre-marie dupuy in DCM Energy v. Spain, handed down on 30 September 2024. It belongs to the world of investment-treaty arbitration, in which a foreign investor brings a claim against a state, saying the state has breached the protections promised to investors under a treaty. The matter was administered by ICSID, the usual machinery for disputes of this kind. italaw is the established open archive for this field, and this entry points to its record; the tribunal's full reasoning, and any sum it awarded, are set out in the document itself.
The detail
Parties: DCM Energy v. Spain
Case number: See italaw record
Outcome: Dissenting Opinion of Pierre-Marie Dupuy in DCM Energy v. Spain. The disposition is set out in the original.
Applicable law: The applicable investment treaty; ICSID, UNCITRAL or ad hoc arbitration rules.
Issues in play: A foreign investor's treaty protections weighed against a sovereign state's exercise of its powers.
Read the full decision at italaw ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.