Facts
The Kingdom of Spain filed a civil appeal to obtain the annulment of an arbitral award rendered in a dispute between it and the French company A. The French investor, based on Article 26 of the Energy Charter Treaty (ECT), had initiated an arbitration procedure against Spain concerning investments in the photovoltaic sector. The arbitral tribunal had dismissed Spain's objection to jurisdiction and had partially upheld the investor's claim, ordering Spain to pay compensation.Considerations
The Federal Tribunal dismissed the appeal to the extent that it was admissible. It considered that the interpretation of Article 26 ECT, in accordance with the rules of the Vienna Convention, leads to the conclusion that the unconditional consent to arbitration provided for in this provision also covers disputes between an EU Member State and an investor from another EU…