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)
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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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RREEF Pan-European Infrastructure Two Lux S.à r.l. (Luxembourg), RREEF Infrastructure (G.P.) Limited (British)
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Kingdom of Spain (Spanish)
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December 11, 2013
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July 31, 2014
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Alain PELLET (French) - Appointed by the Chairman of the Administrative Council
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Robert VOLTERRA (Canadian) - Appointed by the Claimant(s)
Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s) -
Allen & Overy, London, U.K.
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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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December 11, 2019 - The Tribunal renders its award.
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Respondent(s)
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April 15, 2020 (Respondent(s))
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July 17, 2020
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Lawrence BOO (Singaporean)
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Gibson Dunn, London, U.K.
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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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June 10, 2022 - 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 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 |
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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 |
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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. |