The Secretary-General registers a request for the institution of arbitration proceedings.

Following appointment by the Claimant, James Spigelman (Australian) accepts his appointment as arbitrator.

Following appointment by the Respondent, Daniel Brennan (British) accepts his appointment as arbitrator.

Following appointment by the Secretary-General pursuant to the parties’ agreement, David Unterhalter (Maltese/South African) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David Unterhalter (Maltese/South African), President, appointed by the Secretary-General pursuant to the parties’ agreement; James Spigelman (Australian), appointed by the Claimant; and Daniel Brennan (British), appointed by the Respondent.

The Respondent files a proposal for disqualification of arbitrator James Spigelman. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).

The Claimant files observations on the proposal for disqualification.

The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).

Each party files further observations on the proposal for disqualification.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

Each party files observations on the Claimant’s request of May 18, 2020.

The proposal for disqualification of arbitrator James Spigelman is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).

The Tribunal holds a first session by video conference.

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

The Claimant files a memorial on the merits.

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.

Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

The Tribunal issues Procedural Order No. 2 concerning production of documents.

A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

Each party files observations on the non-disputing party’s application.

The Claimant files a reply on the merits and counter-memorial on jurisdiction.

The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimant’s request of August 16, 2021.

The Tribunal decides on the admissibility of new evidence.

A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).

The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 2 of June 16, 2021.

The Claimant files observations on the non-disputing party’s application.

The Claimant files observations on the Respondent’s Request of October 18, 2021.

The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request for reconsideration of the Tribunal’s Procedural Order No. 2 of June 16, 2021.

The Respondent files a rejoinder on the merits and reply on jurisdiction.

The Claimant files a rejoinder on jurisdiction. 

The Tribunal issues Procedural Order No. 5 concerning procedural matters.

The Tribunal holds a pre-hearing conference with the parties by video conference.

The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.

The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 6 of June 24, 2022.

The Claimant files observations on the Respondent’s request of June 27, 2022.

The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request for reconsideration of the Tribunal’s Procedural Order No. 6 of June 24, 2022.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimant’s request of July 14, 2022.

The Respondent files observations on the Claimant’s request of July 18, 2022.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Tribunal decides on the admissibility of new evidence.

The Tribunal holds a hearing on jurisdiction and the merits in Madrid.

Each party files a post-hearing brief.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of December 20, 2022.

The Tribunal decides on the admissibility of new evidence.

The parties file simultaneous comments on the new evidence.

Each party files a submission on costs.

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimants file observations on the Respondent’s request of July 15, 2024.

The Tribunal decides on the admissibility of new documents.

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator James Spigelman.