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Procedural Posture
This document is a corporate news release issued by Berkeley Energia Limited on 29 June 2026, providing a procedural update on its ongoing International Centre for Settlement of Investment Disputes (ICSID) arbitration against Spain. The dispute arises under the Energy Charter Treaty (ECT) in connection with the Salamanca Project.
Procedural Developments and Bifurcation
The release confirms that the Claimant filed its Memorial of Claim in February 2026, seeking compensation in the amount of US$1.25 billion for alleged multiple violations of the ECT. The Memorial included the factual background, the legal basis for the claims, witness statements, and independent expert reports addressing technical, regulatory, and quantum matters.
Following the submission of the Memorial, the Respondent filed a request to bifurcate the proceedings pursuant to the ICSID Convention and Arbitration Rules. The Tribunal subsequently granted the request, directing that the proceedings be bifurcated into two distinct phases. The first phase will exclusively address the Respondent's jurisdictional objections concerning the denial of benefits. The second phase, if necessary, will address the merits of the claims and the quantum of damages. An updated procedural timetable is pending.