Case Details

Stadtwerke München GmbH, RWE Innogy GmbH, and others v. Kingdom of Spain (ICSID Case No. ARB/15/1)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

RWE Innogy GmbH (German), Stadtwerke München GmbH (German), RheinEnergie AG (German), AS 3 Beteiligungs GmbH (German), Marquesado Solar S.L. (Spanish), Ferranda GmbH (German), Andasol Fonds GmbH & Co. KG (German), Andasol 3 Kraftwerks GmbH (German), Ferrostaal Industrial Projects GmbH (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

January 7, 2015
Date of Constitution of Tribunal:

December 16, 2015

Composition of Tribunal

President:

Jeswald W. SALACUSE (U.S.) - Appointed by the Secretary-General
Arbitrators:

Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
Respondent(s):

Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 2, 2019 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Kaj Hobér.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 6, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

May 13, 2020

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Carita WALLGREN-LINDHOLM (Finnish)
Members:

Álvaro Rodrigo CASTELLANOS HOWELL (Guatemalan)
Paul ARRIGHI BUSTAMANTE (French, Uruguayan)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
Respondent(s):

Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 29, 2021 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (December 2, 2019)

Dissenting Opinion of Professor Kaj Hobér (December 2, 2019)

(a) Original Proceeding

Date	Development
January 7, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
April 15, 2015	Following appointment by the Claimant, Kaj Hobér (Swedish) accepts his appointment as arbitrator.
May 20, 2015	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
December 16, 2015	Following appointment by the Secretary General, Jeswald W. Salacuse (U.S.) accepts his appointment as presiding arbitrator.
December 16, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jeswald W. Salacuse (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreement; Kaj Hobér (Swedish), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent.
March 16, 2016	The Tribunal holds a first session by telephone conference.
March 28, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 8, 2016	The Claimants file a memorial on the merits.
October 4, 2016	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
December 20, 2016	The parties file a request for the Tribunal to decide on production of documents.
January 16, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
January 31, 2017	Each party files observations on the non-disputing party’s application.
February 16, 2017	The Tribunal issues Procedural Order No. 2 concerning production of documents.
March 2, 2017	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application.
March 9, 2017	A non-disputing party files a request for reconsideration of Procedural Order No. 3.
March 17, 2017	The Claimants file observations on the non-disputing party’s request of March 9, 2017.
March 21, 2017	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
March 24, 2017	The Tribunal issues a decision concerning the non-disputing party’s request of March 9, 2017.
March 27, 2017	A non-disputing party files a response to the Tribunal’s decision of March 24, 2017.
May 22, 2017	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
July 3, 2017	The Claimants file a rejoinder on jurisdiction.
July 4, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 31, 2017 - August 5, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
October 12, 2017	Each party files a post-hearing brief.
November 23, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 4, 2017	The Claimants file observations on the Respondent’s request of November 23, 2017.
December 11, 2017	The Tribunal decides on the Respondent’s request of November 23, 2017.
February 13, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 20, 2018	The Claimants file observations on the Respondent’s request of February 13, 2018.
February 27, 2018	The Respondent files a reply on the Claimants’ observations of February 20, 2018.
March 2, 2018	The Tribunal decides on the Respondent’s request of February 13, 2018.
March 6, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 8, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 14, 2018	The Claimants file observations on the Respondent’s request of March 8, 2018.
March 14, 2018	The Tribunal decides on the Respondent’s request of February 13, 2018.
May 30, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
June 1, 2018	The Respondent files observations on the Claimants’ request for the Tribunal to decide on the admissibility of new documents.
June 29, 2018	The Tribunal decides on the Claimants’ request May 30, 2018.
August 10, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of a new document.
August 17, 2018	The Respondent files observations on the Claimants’ request for the Tribunal to decide on the admissibility of a new document.
September 5, 2018	The Tribunal decides on the Claimants’ request of August 10, 2018.
September 18, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of a new document.
September 24, 2018	The Respondent files observations on the Claimants’ request of September 18, 2018, and files a request for the Tribunal to decide on the admissibility of a new document.
September 28, 2018	The Tribunal decides on the Claimants’ request of September 18, 2018.
October 8, 2018	The Claimants file observations on the Respondent’s request for the Tribunal to decide on the admissibility of a new document of September 24, 2018.
October 22, 2018	The Tribunal decides on the Respondent’s request of September 24, 2018.
January 28, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
February 1, 2019	The Claimants file observations on the Respondent’s request for the Tribunal to decide on the admissibility of a new document.
February 8, 2019	The Tribunal decides on the Respondent’s request of January 28, 2019.
March 1, 2019	The Claimants file a submission on costs.
March 4, 2019	The Respondent files a submission on costs.
June 3, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 2, 2019	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Kaj Hobér.

(b) Annulment Proceeding

Date	Development
April 6, 2020	The Secretary-General registers an application for annulment of the award filed by Stadtwerke München GmbH, RWE Innogy GmbH, and others.
May 13, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Carita Wallgren-Lindholm (Finnish), President; Álvaro Castellanos (Guatemalan); and Paul Arrighi Bustamante (Uruguayan/French); all members appointed by the Chairman of the Administrative Council.
January 29, 2021	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.