Case Details
JGC Holdings Corporation (formerly JGC Corporation) v. Kingdom of Spain (ICSID Case No. ARB/15/27)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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JGC Holdings Corporation (Japanese)
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Kingdom of Spain (Spanish)
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June 22, 2015
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January 4, 2016
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Hi-Taek SHIN (Korean) - Appointed by the Secretary-General
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August REINISCH (Austrian) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s) -
Hi-Taek SHIN (Korean) - Appointed by the Secretary-General
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Rudolf DOLZER (German) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s) -
April 23, 2020: August REINISCH (Austrian) appointed following the passing away of Rudolf DOLZER (German)
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Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Nagashima Ohno & Tsunematsu, Tokyo, Japan -
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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English,Spanish
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Concluded
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November 9, 2021 - The Tribunal renders its award.
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Respondent(s)
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March 14, 2022
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March 31, 2022
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Dyalá JIMÉNEZ FIGUERES (Costa Rican)
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Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Nagashima Ohno & Tsunematsu, Tokyo, Japan -
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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English,Spanish
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Concluded
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February 6, 2024 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Jurisdiction, Liability and Quantum and Partial Dissent of Monica Pinto (English;)
Award of the Tribunal (English;)
(a) Original Proceeding
Date | Development |
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June 22, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 1, 2015 | Following appointment by the Claimant, Rudolf Dolzer (German) accepts his appointment as arbitrator. |
November 11, 2015 | Following appointment by the Respondent, Mónica Pinto (Argentine) accepts her appointment as arbitrator. |
January 4, 2016 | Following appointment by the Secretary General, Hi-Taek Shin (Korean) accepts his appointment as presiding arbitrator. |
January 4, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Hi-Taek Shin (Korean), President, appointed by the Secretary-General pursuant to the parties’ agreement; Rudolf Dolzer (German), appointed by the Claimants; and Mónica Pinto (Argentine), appointed by the Respondent. |
February 22, 2016 | The Tribunal holds a first session by telephone conference. |
February 25, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 30, 2016 | The Claimant files a memorial on the merits. |
December 2, 2016 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
May 22, 2017 | Each party files a request for the Tribunal to decide on production of documents. |
June 21, 2017 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
December 19, 2017 | The Claimant files a request for the Tribunal to decide on confidentiality of documents. |
December 29, 2017 | The Respondent files observations on the Claimant’s request of December 19, 2017. |
January 10, 2018 | The Claimant files a response to the Respondent’s observations of December 29, 2017. |
January 18, 2018 | The Respondent files further observations on the Claimant’s response of January 20, 2018. |
January 31, 2018 | The Respondent files a renewed request for the Tribunal to decide on production of documents. |
January 31, 2018 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
February 6, 2018 | The Tribunal issues Procedural Order No. 3 concerning confidentiality of documents. |
February 8, 2018 | The Claimant files observations on the Respondent’s renewed request of January 31, 2018. |
February 13, 2018 | The Respondent files a response to the Claimant’s observations of February 8, 2018. |
February 16, 2018 | The Claimant files further observations on the Respondent’s renewed request of January 31, 2018. |
February 28, 2018 | The Tribunal’s poses questions to the parties concerning the Respondent’s renewed request of January 31, 2018. |
March 2, 2018 | Each party files answers to the questions posed by the Tribunal on February 28, 2018. |
March 6, 2018 | The Claimant files a request for the Tribunal to decide on the admissibility of new documents. |
March 8, 2018 | The Respondent files a request for a site visit. |
March 12, 2018 | The Respondent files observations on the Claimant’s request of March 6, 2018. |
March 14, 2018 | Each party files further answers to the questions posed by the Tribunal on February 28, 2018. |
March 14, 2018 | The Claimant files a renewed request for the Tribunal to decide on production of documents. |
January 31, 2018 | The Respondent files a renewed request for the Tribunal to decide on production of documents. |
February 8, 2018 | The Claimant files observations on the Respondent’s request of January 31, 2018. |
February 13, 2018 | The Respondent files a response to the Claimant’s observations of February 8, 2018. |
February 16, 2018 | The Claimant files further observations on the renewed request for production of documents. |
February 28, 2018 | The Tribunal poses questions to the parties on the renewed request for production of documents. |
March 14, 2018 | Each party files further answers to the questions posed by the Tribunal on February 28, 2018. The Claimant files a renewed request for the Tribunal to decide on production of documents. |
March 15, 2018 | The Tribunal decides on the admissibility of new documents. |
March 15, 2018 | The Claimant files observations on the Respondent’s request for a site visit. |
March 19, 2018 | The Respondent files observations on the Claimant’s request of March 14, 2018. |
March 22, 2018 | The Respondent files a response to the Claimant’s observations of March 15, 2018. |
March 22, 2018 | The Tribunal poses questions on the Respondent’s site visit request of March 8, 2018. |
March 22, 2018 | The Tribunal decides on the parties’ renewed requests on production of documents of January 31, 2018 and March 14, 2018. |
March 27, 2018 | The Respondent files its responses on the Tribunal’s questions of March 22, 2018. |
April 2, 2018 | The Claimant files observations on the Respondent’s responses of March 27, 2018. |
April 20, 2018 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
April 23, 2018 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s site visit request of March 8, 2018. |
May 28, 2018 | The Claimant files a rejoinder on jurisdiction. |
June 25, 2018 | The Respondent files a request for the Tribunal to decide on disclosure of evidence from this case in another case. |
June 29, 2018 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on disclosure of evidence from this case in another case. |
July 2, 2018 | The Tribunal decides on disclosure of evidence. |
July 13, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
July 25, 2018 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
August 7, 2018 | The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 5 of July 25, 2018. |
August 9, 2018 | The Claimant files observations on the Respondent’s request of August 7, 2018. |
August 10, 2018 | The Respondent files a response to the Claimant’s observations of August 9, 2018. |
August 14, 2018 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request for reconsideration of August 7, 2018. |
August 17, 2018 | Each Party files a request for the Tribunal to decide on the admissibility of new documents. |
August 22, 2018 | Each Party files its comments on the other Party’s request of August 17, 2018. |
August 27, 2018 | The Tribunal issues Procedural Order No. 7 concerning the Parties’ request of August 17, 2018. |
September 17, 2018 - September 22, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
December 21, 2018 | Each party files a post-hearing brief. |
December 28, 2018 | The Respondent files a request for the exclusion of evidence. |
January 11, 2019 | The Claimant files observations on the Respondent's request of December 28, 2018. |
January 31, 2019 | Each party files a submission on costs. |
February 22, 2019 | Each party files observations on the other party’s submission on costs. |
March 1, 2019 | Each party files further observations on the other party’s submissions on costs. |
May 15, 2019 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
May 24, 2019 | The Claimant files observations on the non-disputing party’s application. |
May 27, 2019 | The Respondent files observations on the non-disputing party’s application. |
June 4, 2019 | The Tribunal issues a decision on the non-disputing party’s application of May 15, 2019. |
October 10, 2019 | The Tribunal invites the parties to file new legal authorities and submissions on their relevance. |
October 25, 2019 | Each party files new legal authorities and comments on their relevance. |
October 30, 2019 | The Respondent renews its request of December 28, 2018 for the exclusion of evidence. |
November 6, 2019 | The Claimant files observations on the Respondent’s renewed request for the exclusion of evidence. |
November 8, 2019 | The Respondent withdraws the objection to the jurisdiction of the Tribunal based on the reasoning in Achmea. |
November 15, 2019 | The Claimant files observation on the Respondent’s withdrawal of November 8, 2019. |
December 4, 2019 | The Tribunal issues Procedural Order No. 8 concerning Respondent’s withdrawal of November 8, 2019. |
December 4, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
December 9, 2019 | The Claimant files observations on the Respondent’s request of December 4, 2019. |
December 11, 2019 | The Tribunal issues Procedural Order No. 9 concerning the Respondent’s renewed request for the exclusion of evidence. |
December 23, 2019 | The Tribunal decides on the admissibility of new documents. |
March 10, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 13, 2020 | The Claimant files observations on the Respondent’s request of March 10, 2020. |
March 21, 2020 | The Tribunal decides on the admissibility of new documents. |
April 8, 2020 | Following the passing away of arbitrator Rudolf Dolzer (German), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
April 23, 2020 | Following the passing away of arbitrator Rudolf Dolzer, August Reinisch (Austrian) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1). |
April 23, 2020 | The Tribunal is reconstituted. Its members are Hi-Taek Shin (Korean), President, appointed by the Secretary-General; August Reinisch (Austrian), appointed by the Claimant; and Mónica Pinto (Argentine), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
May 11, 2020 | The Respondent files a proposal for disqualification of arbitrator August Reinisch. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
May 19, 2020 | The Claimant files observations on the proposal for disqualification. |
May 23, 2020 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
May 30, 2020 | The Respondent files observations on the proposal for disqualification. |
July 14, 2020 | The proposal for disqualification of arbitrator August Reinsch is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
October 10, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
October 14, 2020 | The Claimant files observations on the Respondent’s request of October 10, 2020. |
October 20, 2020 | The Tribunal decides on the admissibility of new evidence. |
May 21, 2021 | The Tribunal issues a decision on jurisdiction, liability and certain issues of quantum; attached to the decision is a separate opinion by arbitrator Mónica Pinto. |
July 21, 2021 | The parties file a joint memorandum and a joint model prepared by their respective experts on quantum. |
September 9, 2021 | Each party files an updated submission on costs. |
October 5, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 9, 2021 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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March 14, 2022 | The Acting Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain and notifies the parties of the provisional stay of enforcement of the award. |
March 31, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dyalá Jiménez Figueres (Costa Rican); Tina Cicchetti (Canadian/Italian); Ucheora Onwuamaegbu (British/Nigerian); all members appointed by the Chairman of the Administrative Council. |
May 17, 2022 | The Kingdom of Spain files a submission in support of the continuation of the stay of enforcement of the award. |
May 25, 2022 | The ad hoc Committee holds a first session by video conference. |
June 7, 2022 | The Kingdom of Spain files a proposal for disqualification of ad hoc Committee member Dyalá Jiménez Figueres. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6). |
June 15, 2022 | JGC Holdings Corporation files observations on the proposal for disqualification. |
June 20, 2022 | The member of the ad hoc Committee furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rules 53 and 9(3). |
June 27, 2022 | Each party files further observations on the proposal for disqualification. |
August 22, 2022 | The proposal for disqualification of Committee member Dyalá Jiménez Figueres is declined by the co-members. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
August 22, 2022 | JGC Holdings Corporation files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
August 31, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
September 13, 2022 | The Kingdom of Spain files a response to JGC Holdings Corporation’s observations of August 22, 2022. |
September 20, 2022 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
September 27, 2022 | JGC Holdings Corporation files observations on the Kingdom of Spain’s request of September 20, 2022. |
October 4, 2022 | JGC Holdings Corporation files a reply to the Kingdom of Spain’s response of September 13, 2022. |
October 10, 2022 | The ad hoc Committee issues procedural order No. 2 concerning the admissibility of new evidence. |
October 19, 2022 | The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference. |
November 8, 2022 | The Kingdom of Spain files a memorial on annulment. |
November 23, 2022 | The ad hoc Committee issues a decision concerning the termination of the stay of enforcement of the award. |
January 17, 2023 | JGC Holdings Corporation files a counter-memorial on annulment. |
March 13, 2023 | The Kingdom of Spain files a reply on annulment. |
May 19, 2023 | JGC Holdings Corporation files a rejoinder on annulment. |
June 13, 2023 | The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing. |
July 7, 2023 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 10, 2023 | Each party files observations on the non-disputing party’s application. |
July 19, 2023 | The ad hoc Committee holds a hearing on annulment in person in London and by video conference. |
July 24, 2023 | The ad hoc Committee issues Procedural Order No. 4 concerning the non-disputing party’s request of July 7, 2023. |
November 16, 2023 | Each party files a submission on costs. |
November 16, 2023 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53. |
February 6, 2024 | The ad hoc Committee issues its decision on annulment. |