Case Details

SolEs Badajoz GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/38)

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):

SolEs Badajoz GmbH (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

August 24, 2015
Date of Constitution of Tribunal:

February 16, 2016

Composition of Tribunal

President:

Joan E. DONOGHUE (U.S.) - Appointed by the Secretary-General
Arbitrators:

David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)
Giorgio SACERDOTI (Italian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Joan E. DONOGHUE (U.S.) - Appointed by the Secretary-General
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Anna JOUBIN-BRET (French) - Appointed by the Respondent(s)
Reconstituted:

December 12, 2017: David A.R. WILLIAMS (New Zealand) appointed following the resignation of Stanimir A. ALEXANDROV (Bulgarian)
December 12, 2017: Giorgio SACERDOTI (Italian) appointed following the resignation of Anna JOUBIN-BRET (French)

Party Representatives

Claimant(s):

Orrick Herrington & Sutcliffe (Europe), Paris, France
Perez-Llorca, Madrid, Spain
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 31, 2019 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 16, 2019 (Respondent(s))

Party Representatives

Claimant(s):

Orrick Herrington & Sutcliffe (Europe), Paris, France
Perez-Llorca, Madrid, Spain
Respondent(s):

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

Concluded
Outcome of Proceeding:

December 5, 2019 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 3, 2020
Date of Constitution of ad hoc Committee:

May 8, 2020

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

President:

Cavinder BULL (Singaporean)
Members:

Colm Ó HOISÍN (Irish)
N. Fernando PIÉROLA CASTRO (Peruvian, Swiss)

Party Representatives

Claimant(s):

Orrick Herrington & Sutcliffe (Europe), Paris, France
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 16, 2022 - The ad hoc Committee issues its decision on annulment; attached to the decision is an individual opinion by ad hoc Committee member Fernando Piérola Castro.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
August 24, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
November 9, 2015	Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
November 30, 2015	Following appointment by the Respondent, Anna Joubin-Bret (French) accepts her appointment as arbitrator.
February 12, 2016	Following appointment by agreement of the parties, Joan E. Donoghue (U.S.) accepts her appointment as presiding arbitrator.
February 16, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Joan E. Donoghue (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreement; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Anna Joubin-Bret (French), appointed by the Respondent.
April 8, 2016	The Tribunal holds a first session by telephone conference.
April 18, 2016	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
April 22, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 6, 2016	Each party files observations on the non-disputing party’s application.
May 23, 2016	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).
September 9, 2016	The Claimant files a memorial on the merits.
January 18, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
January 27, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
February 9, 2017	Each party files observations on the non-disputing party’s application.
February 21, 2017	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2).
March 2, 2017	A non-disputing party files a request for reconsideration of Procedural Order No. 3.
March 9, 2017	Each party files observations on the non-disputing party’s request of March 2, 2017.
March 17, 2017	The Tribunal issues a decision on the non-disputing party’s request for reconsideration of Procedural Order No. 3.
April 3, 2017	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
April 14, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
July 10, 2017	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
September 15, 2017	The Respondent files a rejoinder on the merits and reply on jurisdiction.
September 18, 2017	The Respondent files a proposal for disqualification of arbitrator Stanimir Alexandrov. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
September 25, 2017	The Claimant files observations on the proposal for disqualification.
September 28, 2017	Arbitrator Stanimir A. Alexandrov furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
October 6, 2017	Each party files observations on the arbitrators’ explanations of September 28, 2017 regarding the proposal for disqualification.
October 24, 2017	Following the resignations of arbitrators Anna Joubin-Bret and Stanimir A. Alexandrov, the Centre notifies the parties of the vacancies on the Tribunal.
November 10, 2017	Following appointment by the Claimant, Jonathan Schiller (U.S.) accepts his appointment as arbitrator.
November 15, 2017	Following the resignation of arbitrator Jonathan Schiller, the Centre notifies the parties of the vacancy on the Tribunal.
November 28, 2017	Following appointment by the Claimant, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
December 8, 2017	Following the appointment by the Respondent, Giorgio Sacerdoti (Italian), accepts his appointment as arbitrator.
December 12, 2017	The Tribunal is reconstituted. Its members are: Joan E. Donoghue (U.S.), appointed by the Secretary-General pursuant to the parties’ agreement; David A R Williams (New Zealand), appointed by the Claimant; and Giorgio Sacerdoti (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 31, 2018	The Claimant files a rejoinder on jurisdiction.
April 12, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new documents.
April 19, 2018	The Respondent files observations on the Claimant’s request of April 12, 2018.
May 11, 2018	The Tribunal decides on the Claimants’ request of April 12, 2018.
May 30, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 4, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
June 5, 2018	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
June 11, 2018	The Claimant files observations on the Respondent’s request of June 4, 2018.
June 15, 2018	The Tribunal decides on the Respondent’s request of June 4, 2018.
June 26, 2018 - June 29, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
July 2, 2018	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
July 4, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of a new document.
July 9, 2018	The Respondent files observations on the Claimant’s request of July 4, 2018.
July 13, 2018	The Tribunal issues Procedural Order No. 7 concerning the admissibility of new documents.
July 19, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new documents.
July 26, 2018	The Respondent files observations on the Claimant’s request of July 4, 2018.
July 27, 2018	The Tribunal decides on the Claimant’s request of July 19, 2018.
July 31, 2018	The Claimant files a post-hearing brief.
August 14, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
August 20, 2018	The Claimant files observations on the Respondent’s request of August 14, 2018.
August 21, 2018	The Tribunal decides on the Respondent’s request of August 14, 2018.
September 10, 2018	The Respondent files a post-hearing brief.
January 28, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
February 4, 2019	The Claimant files observations on the Respondent’s request of January 28, 2019, and files a request for the Tribunal to decide on the admissibility of new documents.
February 11, 2019	The Tribunal decides on the Respondent’s request of January 28 and on the Claimants’ request of February 4, 2019.
February 18, 2019	The Respondent files observations on new documents.
February 25, 2019	The Claimant files observations on new documents.
March 18, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
March 21, 2019	The Claimant files observations on the Respondent’s request of March 18, 2019.
April 10, 2019	The Tribunal decides on the admissibility of new documents.
April 17, 2019	Each Parties files observations on new documents.
April 18, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 9, 2019	The Respondent files a submission on costs.
May 10, 2019	The Claimant files a submission on costs.
July 31, 2019	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
September 16, 2019	The Acting Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain.
October 2, 2019	SolEs Badajoz GmbH files observations on the Respondent’s request of September 13, 2019.
December 5, 2019	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
April 3, 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.
May 8, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President; Colm Ó hOisín (Irish); and Fernando Piérola Castro (Peruvian/Swiss); all members appointed by the Chairman of the Administrative Council.
June 9, 2020	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
June 23, 2020	SolEs Badajoz GmbH files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
June 24, 2020	The ad hoc Committee holds a first session by telephone conference.
June 24, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
July 7, 2020	The Kingdom of Spain files a response to SolEs Badajoz GmbH’s observations of June 23, 2020.
July 17, 2020	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 21, 2020	SolEs Badajoz GmbH files further observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
July 27, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
July 27, 2020	Each party files observations on the non-disputing party’s application.
July 30, 2020	The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
August 26, 2020	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
September 17, 2020	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).
October 2, 2020	The Kingdom of Spain files a memorial on annulment.
January 15, 2021	SolEs Badajoz GmbH files a counter-memorial on annulment.
April 15, 2021	The Kingdom of Spain files a reply on annulment.
July 20, 2021	SolEs Badajoz GmbH files a rejoinder on annulment.
September 15, 2021	The ad hoc Committee holds an organizational meeting with the parties by video conference.
September 24, 2021	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new documents.
September 27, 2021	SolEs Badajoz GmbH files observations on the Kingdom of Spain’s request of September 24, 2021.
September 29, 2021	The ad hoc Committee decides on the admissibility of new documents.
September 29, 2021	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
October 13, 2021 - October 14, 2021	The ad hoc Committee holds a hearing on annulment in Paris.
November 22, 2021	Each party files a submission on costs.
March 16, 2022	The ad hoc Committee issues its decision on annulment; attached to the decision is an individual opinion by ad hoc Committee member Fernando Piérola Castro.