Case Details

RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/13/30)

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):

RREEF Pan-European Infrastructure Two Lux S.à r.l. (Luxembourg), RREEF Infrastructure (G.P.) Limited (British)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

December 11, 2013
Date of Constitution of Tribunal:

July 31, 2014

Composition of Tribunal

President:

Alain PELLET (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Robert VOLTERRA (Canadian) - Appointed by the Claimant(s)
Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, London, U.K.
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 11, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 15, 2020 (Respondent(s))
Date of Constitution of ad hoc Committee:

July 17, 2020

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

President:

Lawrence BOO (Singaporean)
Members:

Enrique BARROS BOURIE (Chilean)
Bertha COOPER-ROUSSEAU (Bahamian)

Party Representatives

Claimant(s):

Gibson Dunn, London, U.K.
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:

June 10, 2022 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Responsibility and on the Principles of Quantum

Dissenting Opinion of Robert Volterra

Decision on Jurisdiction (English;)

Available on the ICSID Website

Decision on Responsibility and on the Principles of Quantum (November 30, 2018) English (Original); Spanish (Original)

Dissenting Opinion of Robert Volterra (November 30, 2018) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
November 22, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
February 24, 2014	Following appointment by the Claimants, Robert Volterra (Canadian) accepts his appointment as arbitrator.
February 28, 2014	Following appointment by the Respondent, Pedro Nikken (Venezuelan) accepts his appointment as arbitrator.
April 30, 2014	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
July 30, 2014	Following appointment by the Chairman of the Administrative Council, Alain Pellet (French) accepts his appointment as presiding arbitrator.
July 31, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Alain Pellet (French), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Robert Volterra (Canadian), appointed by the Claimants; and Pedro Nikken (Venezuelan), appointed by the Respondent.
September 29, 2014	The Tribunal holds a first session in Paris.
October 21, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 14, 2014	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
November 21, 2014	The Claimants file a memorial on the merits.
December 5, 2014	The Respondent files observations on the non-disputing party’s application.
December 8, 2014	The Claimants file observations on the non-disputing party’s application.
January 9, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
January 23, 2015	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
February 5, 2015	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 7, 2015	The Tribunal decides on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
February 18, 2015	The Tribunal issues Procedural Order No. 3 concerning its decision to address the objections to jurisdiction as a preliminary question.
March 4, 2015	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
April 1, 2015	The Respondent files a memorial on jurisdiction.
May 13, 2015	The Claimants file a counter-memorial on jurisdiction.
June 8, 2015	Following exchanges between the parties, the parties file a joint request for the Tribunal to decide on production of documents.
June 19, 2015	The Tribunal issues Procedural Order No. 5 concerning production of documents.
June 26, 2015	The Respondent files a request for the Tribunal to decide on confidentiality of documents.
July 3, 2015	The Claimants file observations on the Claimants’ request of June 26, 2015.
July 7, 2015	The Tribunal issues Procedural Order No. 6 concerning the confidentiality of documents.
July 21, 2015	The Respondent files a reply on jurisdiction.
September 8, 2015	The Claimants file a rejoinder on jurisdiction.
December 9, 2015	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
December 23, 2015	Each party files observations on the non-disputing party’s application.
January 14, 2016	The Tribunal issues a Procedural Order No. 7 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 1, 2016	The Tribunal holds a hearing on jurisdiction in Paris.
March 7, 2016	The Tribunal issues a decision on jurisdiction.
June 6, 2016	The Tribunal communicates the reasoning for its March 7, 2016 decision on jurisdiction.
July 15, 2016	The Respondent files a counter-memorial on the merits.
September 9, 2016	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
September 23, 2016	The Tribunal issues Procedural Order No. 8 concerning objections to a request for production of documents.
December 22, 2016	The Claimants file a reply on the merits.
February 8, 2017	The Respondent files a rejoinder on the merits.
March 7, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 12, 2017	The Tribunal issues Procedural Order No. 9.
March 20, 2017 - March 24, 2017	The Tribunal holds a hearing on the merits in Paris.
April 6, 2017	The Tribunal issues Procedural Order No. 10.
May 5, 2017	Each party files a post-hearing brief.
May 11, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new documents. The Respondent files observations on the Claimants’ request of May 11, 2017.
May 22, 2017	The Tribunal decides on the admissibility of new documents.
June 6, 2017	Each party files a statement of costs.
July 13, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
July 21, 2017	The parties agree on the admissibility of new documents.
July 25, 2017	The Tribunal confirms the admissibility of new documents.
November 23, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
November 30, 2017	The Claimants file observations on the Respondent’s request of November 23, 2017.
January 2, 2018	The Tribunal decides on the admissibility of new documents.
January 10, 2018	The Respondent files a request for reconsideration of the Tribunal’s decision of January 2, 2018.
January 16, 2018	The Claimants file observations on the Respondent’s request of January 10, 2018.
January 24, 2018	The Tribunal decides on the Respondent’s request of January 10, 2018.
February 13, 2018	The Respondent files a request for reconsideration of the Tribunal’s decision of January 24, 2018.
February 16, 2018	The Claimants file observations on the Respondent’s request of February 13, 2018.
February 28, 2018	The Tribunal decides on the Respondent’s request of February 13, 2018.
March 2, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
March 9, 2018	The Respondent files observations on the Claimants’ request of March 2, 2018.
March 9, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
March 14, 2018	The Claimants file observations on the Respondent’s request of March 9, 2018.
March 20, 2018	The Tribunal decides on the Respondent’s request of March 2, 2018 and the Claimants’ request of March 9, 2018.
November 30, 2018	The Tribunal issues a decision on responsibility and on principles of quantum; attached to the decision is a partial dissenting opinion by arbitrator Robert Volterra.
January 17, 2019	The Tribunal issues Procedural Order No. 11 on confidentiality.
April 1, 2019	The Tribunal issues Procedural Order No. 12 on confidentiality.
August 16, 2019	Each party files a submission on costs.
November 25, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 11, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
April 15, 2020	The 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.
July 17, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Enrique Barros Bourie (Chilean); and Bertha Cooper-Rousseau (Bahamian); all members appointed by the Chairman of the Administrative Council.
July 24, 2020	RREEF Infrastructure (G.P.) and RREEF Pan-European Infrastructure Two Lux S.À.R.L file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
August 12, 2020	The Kingdom of Spain files a response to RREEF Infrastructure (G.P.) and RREEF Pan-European Infrastructure Two Lux S.À.R.L’s observations of July 24, 2020.
August 20, 2020	RREEF Infrastructure (G.P.) and RREEF Pan-European Infrastructure Two Lux S.À.R.L file further observations to the Kingdom of Spain’s response of August 12, 2020.
August 28, 2020	The Kingdom of Spain files a response to RREEF Infrastructure (G.P.) and RREEF Pan-European Infrastructure Two Lux S.À.R.L’s further observations of August 20, 2020.
September 3, 2020	The ad hoc Committee holds a first session by video conference.
September 8, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 17, 2020	The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
October 28, 2020	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
October 29, 2020	The Kingdom of Spain files a memorial on annulment.
December 7, 2020	REEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. file a counter-memorial on annulment.
December 23, 2020	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 7, 2021	REEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. file a counter-memorial on annulment.
January 15, 2021	Each party files observations on the non-disputing party’s application.
March 10, 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).
March 18, 2021	The Kingdom of Spain files a reply on annulment.
March 30, 2021	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
April 29, 2021	Each party files observations on the non-disputing party’s written submission.
April 29, 2021	REEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. file a rejoinder on annulment.
May 28, 2021	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
May 30, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the hearing on annulment.
June 10, 2021 - June 11, 2021	The ad hoc Committee holds a hearing on annulment by video conference.
August 2, 2021	Each party files a statement of costs.
March 11, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
June 10, 2022	The ad hoc Committee issues its decision on annulment.