Energy Arbitration: Comparative Experiences between Mexico and Spain

The article examines arbitration experiences in the energy sector in Mexico and Spain in response to abrupt regulatory changes that altered investment frameworks. Based on the reduction of incentives in Spain and the increase in state intervention in Mexico since 2020, it analyzes the differing outcomes in investment and commercial arbitrations, as well as the strategies adopted by States and private parties. This comparative analysis identifies key lessons regarding regulatory predictability, the drafting of arbitration clauses and the comprehensive management of legal risk in energy projects.

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