Case Details

9REN Holding S.a.r.l v. Kingdom of Spain (ICSID Case No. ARB/15/15)

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):

9REN Holding S.a.r.l (Luxembourg)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

April 21, 2015
Date of Constitution of Tribunal:

February 8, 2016

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by the Parties
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
V.V. VEEDER (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Paris, France and Houston, TX, U.S.A.
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:

May 31, 2019 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 17, 2019 (Respondent(s))

Party Representatives

Claimant(s):

King & Spalding, Paris, France, Houston, TX and New York, NY, U.S.A.
Gomez-Acebo & Pombo, Madrid, Spain
Respondent(s):

The Ministry of Justice of the Government of Spain, Madrid, Spain.
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 6, 2019 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 7, 2020 (Respondent(s))
Date of Constitution of ad hoc Committee:

June 8, 2020

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

President:

Dário MOURA VICENTE (Portuguese)
Members:

Nicolas MOLFESSIS (French)
N. Fernando PIÉROLA CASTRO (Peruvian, Swiss)

Initial Composition of Tribunal

President:

Karim HAFEZ (Egyptian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Nicolas MOLFESSIS (French) - Appointed by the Chairman of the Administrative Council
Dário MOURA VICENTE (Portuguese) - Appointed by the Chairman of the Administrative Council
Reconstituted:

October 15, 2021: N. Fernando PIÉROLA CASTRO (Peruvian ,Swiss) appointed following the resignation of Karim HAFEZ (Egyptian)

Party Representatives

Claimant(s):

King & Spalding, Paris, France and Houston, TX, U.S.A.
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:

November 17, 2022 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (May 31, 2019)

(a) Original Proceeding

Date	Development
April 21, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
July 28, 2015	Following appointment by the Claimant, David R. Haigh (Canadian) accepts his appointment as arbitrator.
September 11, 2015	Following appointment by the Respondent, V.V. Veeder (British) accepts his appointment as arbitrator.
February 5, 2016	Following appointment by the parties, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
February 8, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by agreement of the parties; David R. Haigh (Canadian), appointed by the Claimant; and V.V. Veeder (British), appointed by the Respondent.
April 4, 2016	The Tribunal holds a first session by telephone conference.
April 14, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 22, 2016	The Claimant files a memorial on the merits.
November 7, 2016	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
January 16, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 3, 2017	The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 19, 2017	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
August 2, 2017	The Respondent files a rejoinder on the merits and reply on jurisdiction.
September 29, 2017	The Claimant files a rejoinder on jurisdiction.
October 30, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 3, 2017	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
November 23, 2017	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
December 4, 2017 - December 8, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
March 26, 2018	Each party files a post-hearing brief.
April 23, 2018	Each party files a reply post-hearing brief.
October 31, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 8, 2018	Each party files observations on the non-disputing party’s application.
November 26, 2018	The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s application of October 31, 2018.
December 21, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 25, 2019	Each party files a submission on costs.
May 31, 2019	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
July 17, 2019	The Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain.
August 23, 2019	9REN Holding S.à.r.l. files observations on the Respondent’s request of July 15, 2019.
September 13, 2019	The Kingdom of Spain files a Reply on the Claimant’s observations of August 23, 2019.
September 27, 2019	9REN Holding S.à.r.l. files a Rejoinder to Spain’s Request for Rectification of the Award.
December 6, 2019	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
April 7, 2020	The Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain.
June 8, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Karim Hafez (Egyptian), President; Nicolas Molfessis (French); and Dário Moura Vicente (Portuguese); all members appointed by the Chairman of the Administrative Council.
July 20, 2020	The ad hoc Committee holds a first session by video conference.
July 20, 2020	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
July 23, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
August 3, 2020	9REN Holding S.à.r.l. files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
August 13, 2020	The Kingdom of Spain files a response to 9REN Holding S.à.r.l.’s observations of August 3, 2020.
August 24, 2020	9REN Holding S.à.r.l. files further observations on the Kingdom of Spain’s response of August 13, 2020.
October 30, 2020	The Kingdom of Spain files a memorial on annulment.
January 20, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 5, 2021	Each party files observations on the non-disputing party’s application.
February 9, 2021	9REN Holding S.à.r.l. files a counter-memorial on annulment.
May 4, 2021	The Kingdom of Spain files a reply on annulment.
July 27, 2021	9REN Holding S.à.r.l. files a rejoinder on annulment.
September 14, 2021	Following the resignation of ad hoc Committee member Karim Hafez, the Centre notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
October 15, 2021	The ad hoc Committee is reconstituted. Its members are Dário Moura Vicente (Portuguese), President, Nicolas Molfessis (French), and Fernando Piérola Castro (Peruvian/Swiss), all appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 12 and 53.
November 19, 2021	The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 19, 2021	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
December 9, 2021	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
February 7, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
February 23, 2022	The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.
March 9, 2022 - March 11, 2022	The ad hoc Committee holds a hearing on annulment in Paris.
April 25, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
May 2, 2022	9REN Holding S.à.r.l. files observations on the Kingdom of Spain’s request of April 25, 2022, and a request for the Committee to decide on the admissibility of new documents.
May 4, 2022	The ad hoc Committee decides on the admissibility of new documents.
June 21, 2022	The ad hoc Committee decides on the admissibility of new documents.
June 22, 2022	Each party files a submission on costs.
November 4, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 17, 2022	The ad hoc Committee issues its decision on annulment.