Case Details
STEAG GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/4)
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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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STEAG GmbH (German)
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Kingdom of Spain (Spanish)
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January 21, 2015
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October 25, 2016
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Eduardo ZULETA (Colombian) - Appointed by the Chairman of the Administrative Council
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s) -
Clifford Chance S.L., Madrid, Spain
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Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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Spanish
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Concluded
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August 17, 2021 - The Tribunal renders its award.
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Respondent(s)
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December 21, 2021 (Respondent(s))
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March 22, 2022
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Eva KALNINA (Latvian)
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Clifford Chance S.L., Madrid, Spain
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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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September 30, 2024 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
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 Instructions on Quantum (Spanish;)
Dissenting Opinion of Pierre-Marie Dupuy
(a) Original Proceeding
Date | Development |
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January 21, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 29, 2015 | Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator. |
October 27, 2015 | Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator. |
June 22, 2016 | The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention. |
October 25, 2016 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Eduardo Zuleta-Jaramillo (Colombian) accepts his appointment as presiding arbitrator. |
October 25, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta-Jaramillo (Colombian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Guido Santiago Tawil (Argentine), appointed by Claimant; and Pierre-Marie Dupuy (French), appointed by Respondent. |
December 5, 2016 | The Tribunal holds a first session by telephone conference. |
January 10, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
May 26, 2017 | The Claimant files a memorial on the merits. |
September 1, 2017 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
November 3, 2017 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
December 22, 2017 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
January 15, 2018 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
May 11, 2018 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
June 27, 2018 | The Respondent files a request for the Tribunal to allow Respondent’s experts a site visit. |
July 2, 2018 | The Claimant files observations on the Respondent’s request of June 27, 2018. |
July 6, 2018 | The Claimant files further observations on the Respondent’s request of June 27, 2018. |
July 9, 2018 | The Respondent files further observations on its request of June 27, 2018. |
July 10, 2018 | The Tribunal issues Procedural Order No. 4 concerning a site visit. |
August 9, 2018 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
August 9, 2018 | The Respondent files a proposal for disqualification of arbitrator Eduardo Zuleta Jaramillo. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
August 16, 2018 | The Claimant files observations on the proposal for disqualification. |
August 21, 2018 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
August 28, 2018 | Each party files further observations on the proposal for disqualification. |
September 11, 2018 | The proposal for disqualification of arbitrator Eduardo Zuleta Jaramillo is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
September 21, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
October 16, 2018 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
October 30, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 31, 2018 | The Claimant files a rejoinder on jurisdiction. |
November 1, 2018 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
November 19, 2018 | Each party files observations on the non-disputing party’s application. |
November 21, 2018 | The Tribunal issues Procedural Order No. 7 concerning the non-disputing party’s application of September 21, 2018. |
November 28, 2018 | A non-disputing party files a request for reconsideration of the Tribunal’s Procedural Order No. 7 dated November 21, 2018. |
November 30, 2018 | Each party files observations on the non-disputing party’s request of November 28, 2018. |
December 5, 2018 | The Tribunal issues a decision on the non-disputing party’s request for reconsideration of the Tribunal’s Procedural Order No. 7 dated November 21, 2018. |
December 5, 2018 | The non-disputing party’s written submission filed pursuant to ICSID Arbitration Rule 37(2) is admitted into the record of the proceeding. |
December 5, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
December 6, 2018 | The Claimant files observations on the Respondent’s request of December 5, 2018. |
December 7, 2018 | The Respondent files further observations to its request of December 5, 2018. |
December 10, 2018 - December 15, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
January 15, 2019 | The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request of December 5, 2018. |
January 18, 2019 | The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 8 dated January 15, 2019. |
January 21, 2019 | The Claimant files observations on the Respondent’s request for reconsideration of January 18, 2019. |
January 29, 2019 | The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request for reconsideration of January 18, 2019. |
February 1, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
February 7, 2019 | The Claimant files observations on the Respondent’s request of February 1, 2019. |
February 13, 2019 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
March 15, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
March 15, 2019 | Each party files a post-hearing brief. |
March 21, 2019 | The Claimant files observations on the Respondent’s request of March 15, 2019. |
March 21, 2019 | The Respondent files further observations to its request of March 15, 2019. |
March 25, 2019 | The Claimant files further observations on the Respondent’s request of March 15, 2019. |
March 27, 2019 | The Tribunal issues Procedural Order No. 11 concerning the Respondent’s request of March 15, 2019. |
April 2, 2019 | The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 11 dated March 27, 2019. |
April 5, 2019 | The Claimant files observations on the Respondent’s request of April 2, 2019. |
April 10, 2019 | The Respondent files further observations to its request of April 2, 2019. |
April 22, 2019 | The Tribunal issues Procedural Order No. 12 concerning the Respondent’s request of April 2, 2019. |
May 10, 2019 | Each party files a reply post-hearing brief. |
May 10, 2019 | Each party files observations on documents added to the record. |
May 25, 2019 | Each party files further observations on documents added to the record. |
June 10, 2019 | The Claimant files a request for the Tribunal to decide on the admissibility of new documents. |
June 14, 2019 | The Respondent files observations on the Claimant’s request of June 10, 2019. |
July 5, 2019 | Each party files observations on documents added to the record. |
December 4, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
December 6, 2019 | The Claimant files observations on the Respondent’s request of December 4, 2019. |
December 13, 2019 | The Tribunal issues a decision on the admissibility of new documents. |
January 14, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
January 15, 2020 | The Tribunal issues a decision on the admissibility of a new document. |
February 4, 2020 | The Claimant informs the Tribunal of a new fact. |
February 12, 2020 | The Respondent files observations on the Claimant’s communication of February 4, 2020. |
February 20, 2020 | The Claimant files a response to the Respondent’s observations of February 12, 2020. |
February 26, 2020 | The Respondent files observations on the Claimant’s response of February 20, 2020. |
February 27, 2020 | The Tribunal poses questions to the parties. |
March 5, 2020 | The Claimant files answers to the questions posed by the Tribunal on February 27, 2020. |
March 12, 2020 | The Respondent files answers to the questions posed by the Tribunal on February 27, 2020. |
June 16, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
June 19, 2020 | The Claimant files observations on the Respondent’s request of June 16, 2020. |
June 22, 2020 | The Tribunal issues a decision on the admissibility of a new document. |
October 8, 2020 | The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a dissenting opinion by arbitrator Pierre-Marie Dupuy. |
January 15, 2021 | Each party files a memorandum by their respective experts identifying areas of agreement and disagreement on issues of quantum. |
February 10, 2021 | The Tribunal issues a supplementary decision to its decision of October 8, 2020. |
March 26, 2021 | Each party files a submission on quantum. |
July 14, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
July 26, 2021 | Each party files a statement of costs. |
August 17, 2021 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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December 21, 2021 | 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 22, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eva Kalnina (Latvian), President; Milton Estuardo Argueta Pinto (Guatemalan); and Ricardo Vásquez Urra (Chilean); all members appointed by the Chairman of the Administrative Council. |
April 19, 2022 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
May 10, 2022 | STEAG GmbH files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
May 11, 2022 | The ad hoc Committee holds a first session by video conference. |
May 26, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
May 27, 2022 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
May 30, 2022 | The Kingdom of Spain files a reply on the request to continue the stay of enforcement of the award. |
June 3, 2022 | STEAG GmbH files observations on the Kingdom of Spain’s request of May 27, 2022. |
June 20, 2022 | STEAG GmbH files a rejoinder on the request to continue the stay of enforcement of the award. |
June 22, 2022 | The ad hoc Committee decides on the Kingdom of Spain’s request of May 27, 2022. |
July 11, 2022 | The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence. |
July 18, 2022 | The Kingdom of Spain files a memorial on annulment. |
July 19, 2022 | The ad hoc Committee issues its decision on the request for continuation of the stay of enforcement of the award, with reasons to follow. |
August 18, 2022 | The ad hoc Committee issues its reasoned decision on the request for continuation of the stay of enforcement of the award. |
October 18, 2022 | STEAG GmbH files a counter-memorial on annulment. |
October 21, 2022 | STEAG GmbH files a request to terminate the stay of enforcement of the award. |
October 27, 2022 | The Kingdom of Spain files observations on STEAG GmbH’s request to terminate the stay of enforcement of the award. |
November 11, 2022 | The ad hoc Committee issues Procedural Order No. 3 concerning the admissibility of new evidence. |
November 18, 2022 | The ad hoc Committee issues a decision concerning the termination of the stay of enforcement of the award. |
December 19, 2022 | The Kingdom of Spain files a reply on annulment. |
December 22, 2022 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 16, 2023 | Each Party files observations on the non-disputing party’s application. |
February 13, 2023 | The ad hoc Committee issues Procedural Order No. 4 concerning the admissibility of evidence. |
February 24, 2023 | STEAG GmbH files a rejoinder on annulment. |
April 14, 2023 | The ad hoc Committee issues Procedural Order No. 5 concerning the organization of the Hearing. |
April 25, 2023 | The ad hoc Committee decides on the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2). |
April 26, 2023 - April 27, 2023 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
June 30, 2023 | Each party files a post-hearing brief. |
July 14, 2023 | Each party files a submission on costs. |
September 19, 2023 | The ad hoc Committee issues Procedural Order No. 6 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2). |
March 25, 2024 | The Kingdom of Spain files a request for the Committee to decide on the admissibility of a new document. |
April 2, 2024 | STEAG GmbH files observations on the Kingdom of Spain’s request of March 25, 2024. |
May 2, 2024 | The ad hoc Committee issues Procedural Order No. 7 concerning the request of March 25, 2024. |
July 10, 2024 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new documents. |
July 16, 2024 | STEAG GmbH files observations on the Kingdom of Spain’s request of July 10, 2024. |
September 11, 2024 | The ad hoc Committee issues Procedural Order No. 8 concerning the request of July 10, 2024. |
September 13, 2024 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
September 30, 2024 | The ad hoc Committee issues its decision on annulment. |