Case Details

InfraRed Environmental Infrastructure GP Limited and others v. Kingdom of Spain (ICSID Case No. ARB/14/12)

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):

InfraRed Environmental Infrastructure GP Limited (British), European Investments (Morón) 1 Limited (British), European Investments (Morón) 2 Limited (British), European Investments (Olivenza) 1 Limited (British), European Investments (Olivenza) 2 Limited (British)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

June 3, 2014
Date of Constitution of Tribunal:

November 26, 2014

Composition of Tribunal

President:

Stephen L. DRYMER (Canadian) - Appointed by the Secretary-General
Arbitrators:

William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cuatrecasas, Gonçalves Pereira, Madrid, Spain
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:

August 2, 2019 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Pierre-Marie Dupuy.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 5, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

February 21, 2020

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

President:

José Miguel JUDICE (Portuguese)
Members:

Karim HAFEZ (Egyptian)
Yuejiao ZHANG (Chinese)

Party Representatives

Claimant(s):

Cuatrecasas, Madrid, Spain
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.

(c) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 30, 2020 (Respondent(s))
Date of Constitution of Tribunal:

August 14, 2020

Composition of Tribunal

President:

Stephen L. DRYMER (Canadian) - Appointed by the Secretary-General
Arbitrators:

William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Respondent(s):

Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 8, 2021 - The Tribunal issues a decision on InfraRed Environmental Infrastructure GP Limited and others’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).

(a) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (June 10, 2022) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
June 3, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
August 6, 2014	Following appointment by the Claimants, William W. Park (U.S./Swiss) accepts his appointment as arbitrator.
September 24, 2014	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
November 14, 2014	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
November 25, 2014	Following appointment by the Secretary-General, Stephen L. Drymer (Canadian) accepts his appointment as presiding arbitrator.
November 26, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Stephen L. Drymer (Canadian), President, appointed by the Secretary-General pursuant to the parties’ agreement; William W. Park (U.S./Swiss), appointed by the Claimants; and Pierre-Marie Dupuy (French), appointed by the Respondent.
December 9, 2014	The Respondent files observations on the non-disputing party’s application.
January 9, 2015	The Claimants file observations on the non-disputing party’s application.
January 21, 2015	The Tribunal holds a first session by telephone conference.
February 4, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 9, 2015	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application.
May 21, 2015	The Claimants file a memorial on the merits.
July 17, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question and files objections to jurisdiction.
September 30, 2015	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
November 13, 2015	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
December 9, 2015	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
January 29, 2016	The Respondent files a counter-memorial on the merits.
February 19, 2016	Each party files observations on the non-disputing party’s application.
April 19, 2016	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 28, 2016	Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
May 4, 2016	A non-disputing party files a request for reconsideration of the Tribunal’s decision of April 19, 2016.
May 13, 2016	Each party files observations on the non-disputing party’s request of May 4, 2016.
May 17, 2016	The Tribunal issues Procedural Order No. 5 concerning production of documents.
May 19, 2016	The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s request for reconsideration of the Tribunal’s decision of May 4, 2016.
June 7, 2016	The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 5 concerning production of documents. The Claimants file a request for the Tribunal to decide on confidentiality of documents.
June 17, 2016	The Claimants file a response to the Respondent’s request for reconsideration of June 7, 2016. The Respondent files observations on the Claimants’ request of June 7, 2016. The Claimants file a further request for the Tribunal to decide on production of documents.
June 27, 2016	The Respondent files observations on the Claimants’ further request for the Tribunal to decide on production of documents.
June 30, 2016	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request of June 7, 2016, the Claimants’ request of June 7, 2016 and the Claimants’ request of June 17, 2016.
July 11, 2016	Each party files observations on the Tribunal’s procedural order of June 30, 2016.
July 29, 2016	The Tribunal issues Procedural Order No. 8 concerning the confidentiality of documents.
August 4, 2016	The Claimants file a request for the Tribunal to decide on production of documents.
August 5, 2016	The Respondent files observations on the Claimants’ request of August 4, 2016.
August 10, 2016	The Tribunal issues Procedural Order No. 9 concerning supplementary requests for the production of documents.
August 17, 2016	The Tribunal issues Procedural Order No. 10 concerning the Respondent’s comments and requests further to Procedural Order No. 9.
September 21, 2016	The Tribunal issues Procedural Order No. 11 concerning production of documents.
October 5, 2016	The Claimants file a counter-memorial on jurisdiction.
October 14, 2016	The Claimants file a reply on the merits.
November 21, 2016	The Respondent files a reply on jurisdiction.
November 30, 2016	The Respondent files a rejoinder on the merits.
December 21, 2016	The Claimants file a rejoinder on jurisdiction.
March 2, 2017	The Tribunal issues Procedural Order No. 12 concerning the administration of witness testimony. The Tribunal issues Procedural Order No. 13 concerning the examination of a witness.
March 13, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 16, 2017	The Tribunal issues Procedural Order No. 14 concerning the organization of the hearing.
April 13, 2017	The Tribunal issues Procedural Order No. 15 concerning the organization of the hearing.
April 24, 2017 - April 28, 2017	The Tribunal holds a hearing on jurisdiction and merits in Paris.
September 8, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 11, 2017	The Claimants file observations on the Respondent’s request of September 8, 2017.
September 21, 2017	Each party files a post-hearing brief.
February 14, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
February 21, 2018	The Claimants file observations on the Respondent’s request of February 14, 2018 and a request for the Tribunal to decide on the admissibility of new evidence.
March 8, 2018	The Tribunal decides on the admissibility of new evidence.
January 25, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 25, 2019	Each party files a submission on costs.
January 30, 2019	The Respondent files observations on the Claimants’ submission on costs.
February 1, 2019	The Claimants’ file observations on the Respondent’s request of January 25, 2019.
February 8, 2019	The Claimants file observations on the Respondent’s submission on costs.
April 18, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 2, 2019	The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Pierre-Marie Dupuy.

(b) Annulment Proceeding

Date	Development
December 5, 2019	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.
February 21, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: José Miguel Júdice (Portuguese), President; Karim Hafez (Egyptian); and Yuejiao Zhang (Chinese); all members appointed by the Chairman of the Administrative Council.
March 24, 2020	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
April 15, 2020	The ad hoc Committee holds a first session by video conference.
April 16, 2020	InfraRed Environmental Infrastructure GP Limited and others file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
April 23, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 30, 2020	The Kingdom of Spain files a reply on the request to continue the stay of enforcement of the award.
May 14, 2020	InfraRed Environmental Infrastructure GP Limited and others files a reply on the request to continue the stay of enforcement of the award.
June 22, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
June 26, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
June 29, 2020 - June 30, 2020	The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
July 3, 2020	Each party files a request for the ad hoc Committee to decide on the admissibility of new evidence.
July 15, 2020	The Kingdom of Spain files observations on InfraRed Environmental Infrastructure GP Limited and others request of July 3, 2020.
July 17, 2020	The Kingdom of Spain files a memorial on annulment.
August 7, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning the admissibility of new evidence.
September 9, 2020	The ad hoc Committee issues Procedural Order No. 4 concerning the admissibility of new evidence.
October 22, 2020	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 27, 2020	The ad hoc Committee issues a decision on the stay of enforcement of the award.
November 6, 2020	InfraRed Environmental Infrastructure GP Limited and others file observations on the non-disputing party’s application.
November 10, 2020	The Kingdom of Spain files observations on the non-disputing party’s application.
November 13, 2020	InfraRed Environmental Infrastructure GP Limited and others file a counter-memorial on annulment.
November 20, 2020	Each party files a response to the other party’s observations on the non-disputing party’s application.
November 26, 2020	The ad hoc Committee issues Procedural Order No. 5 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 18, 2020	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
December 31, 2020	The ad hoc Committee issues Procedural Order No. 6 concerning procedural matters.
January 18, 2021	Each party files observations on the non-disputing party’s written submission.
February 12, 2021	The ad hoc Committee issues Procedural Order No. 7 concerning the stay of enforcement of the award.
February 16, 2021	The ad hoc Committee issues Procedural Order No. 8 concerning procedural matters.
February 19, 2021	The Kingdom of Spain files a reply on annulment.
April 30, 2021	InfraRed Environmental Infrastructure GP Limited and others file a rejoinder on annulment.
May 12, 2021	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
May 21, 2021	The ad hoc Committee issues Procedural Order No. 9 concerning the hearing on annulment.
June 17, 2021	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence.
June 18, 2021	The ad hoc Committee decides on the on the admissibility of new evidence.
June 23, 2021 - June 25, 2021	The ad hoc Committee holds a hearing on annulment by video conference.
July 1, 2021	The ad hoc Committee poses questions to the parties.
July 20, 2021	InfraRed Environmental Infrastructure GP Limited and others file a request for the ad hoc Committee to decide on the admissibility of new evidence.
July 23, 2021	The Kingdom of Spain files observations on InfraRed Environmental Infrastructure GP Limited and others’ request of July 20, 2021.
July 23, 2021	The ad hoc Committee decides on the admissibility of new evidence.
July 30, 2021	Each party files a post-hearing brief.
August 3, 2021	InfraRed Environmental Infrastructure GP Limited and others file a request for the ad hoc Committee to decide on the admissibility of new evidence.
August 10, 2021	The Kingdom of Spain files observations on InfraRed Environmental Infrastructure GP Limited and others’ request of August 3, 2021..
August 12, 2021	The ad hoc Committee decides on the admissibility of new evidence.
September 8, 2021	InfraRed Environmental Infrastructure GP Limited and others file a submission on costs.
September 10, 2021	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence.
September 15, 2021	The Kingdom of Spain files a submission on costs.
September 16, 2021	InfraRed Environmental Infrastructure GP Limited and others file observations on the Kingdom of Spain’s request of September 10, 2021.
September 20, 2021	The ad hoc Committee decides on the admissibility of new evidence.
March 16, 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.

(c) Revision Proceeding

Date	Development
July 30, 2020	The Secretary-General registers an application for revision of the award filed by the Kingdom of Spain.
August 14, 2020	The Tribunal is reconstituted. Its members are: Stephen L. Drymer (Canadian), William W. Park (U.S./Swiss), and Pierre-Marie Dupuy (French).
September 8, 2020	InfraRed Environmental Infrastructure GP Limited and others file preliminary objections pursuant to ICSID Arbitration Rule 41(5).
September 30, 2020	The Kingdom of Spain files observations on InfraRed Environmental Infrastructure GP Limited and others’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 12, 2020	The Tribunal holds a first session and a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) by video conference.
November 17, 2020	The Kingdom of Spain files a request for the Tribunal to decide on the admissibility of new evidence.
November 20, 2020	InfraRed Environmental Infrastructure GP Limited and others file observations on the Kingdom of Spain’s request of November 17, 2020.
November 24, 2020	The Tribunal decides on the admissibility of new evidence.
March 8, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 8, 2021	The Tribunal issues a decision on InfraRed Environmental Infrastructure GP Limited and others’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).