Los posibles efectos de un laudo arbitral sobre una jurisprudencia consolidada: una cuestión abierta. A propósito de la Sentencia del Tribunal Supremo 2797/2017, Sala Tercera, Sección Tercera, de 21 de junio de 2017
The judgement of the Spanish Supreme Court n. 2797/2017, 21st of June 2017 presents an important legal question not only for the current state of the Law, but also for the future development of the Legal System. The judicial review of the reform introduced by the Spanish Government in the energy sec...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6386337 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 205, 2018, pags. 173-193 |
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| Summary: |
The judgement of the Spanish Supreme Court n. 2797/2017, 21st of June 2017 presents an important legal question not only for the current state of the Law, but also for the future development of the Legal System. The judicial review of the reform introduced by the Spanish Government in the energy sector en the period 2013- 2014, which has been confi rmed many times by the Spanish Supreme Court in a large number of judgements, has found now a new open question: the admissibility of the efficacy of an arbitral Award of ICSID (4th of May 2017) decided against Spain, and that keeps a position openly opposite to that sustained by the Spanish Supreme Court. In the present work we propose a few reflections on the existing possibilities in order to give some kind of effi cacy to the referred Award. |
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