Case Details

Iberdrola Energía, S.A. v. Republic of Guatemala (ICSID Case No. ARB/09/5)

Subject of Dispute:

Electricity distribution concession
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Spain - Guatemala 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Iberdrola Energía, S.A. (Spanish)
Respondent(s):

Republic of Guatemala (Guatemalan)
Date Registered:

April 17, 2009
Date of Constitution of Tribunal:

July 20, 2009

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by Co-Arbitrators
Arbitrators:

Yves DERAINS (French) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Uría Menéndez, Madrid, Spain
Respondent(s):

Arenales & Skinner Klée, Guatemala City, Guatemala
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Guatemala City. Guatemala
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 17, 2012 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 18, 2012 (Claimant(s))
Date of Constitution of ad hoc Committee:

February 15, 2013

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

President:

Enrique BARROS BOURIE (Chilean)
Members:

Piero BERNARDINI (Italian)
José Luis SHAW (Uruguayan)

Party Representatives

Claimant(s):

Uría Menéndez, Madrid, Spain
Respondent(s):

Arenales & Skinner Klée, Guatemala City. Guatemala
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Guatemala City. Guatemala
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 13, 2015 - The ad hoc Committee issues its decision on annulment; attached to the decision is a dissenting opinion by José Luis Shaw.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (August 17, 2012) Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Dissenting Opinion of José Luis Shaw

Available on the ICSID Website

Decision on Annulment (January 13, 2015) Spanish (Original)

Dissenting Opinion of José Luis Shaw (January 13, 2015) Spanish (Original)

(a) Original Proceeding

Date	Development
April 17, 2009	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 20, 2009	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention . Its members are: Eduardo Zuleta (Colombian), President, appointed by his co-arbitrators; Yves Derains (French), appointed by the Claimant; and Rodrigo Oreamuno (Costa Rican), appointed by the Respondent.
September 18, 2009	The Tribunal holds a first session in Washington, D.C.
November 26, 2009	The Claimant files a memorial on the merits.
January 25, 2010	The Respondent files a memorial on jurisdiction and admissibility.
February 25, 2010	The Claimant files a counter-memorial on jurisdiction and admissibility.
March 24, 2010	The Tribunal issues a decision on bifurcation.
July 26, 2010	The Respondent files a counter-memorial on jurisdiction and the merits.
September 27, 2010	The Claimant files a reply on jurisdiction and the merits.
November 22, 2010	The Respondent files a request for production of documents.
November 30, 2010	The Claimant files observations on the Respondent's request for production of documents.
December 9, 2010	The Respondent files a response to the Claimant’s observations of November 30, 2010.
December 13, 2010	The Claimant files further observations on the request for production of documents.
December 22, 2010	The Tribunal issues a procedural order concerning production of documents.
February 22, 2011	The Respondent files a rejoinder on jurisdiction and the merits.
May 19, 2011	The Tribunal issues a procedural order concerning the organization of the hearing.
June 1, 2011	The Respondent files a request for production of documents.
June 2, 2011	The Claimant files observations on the Respondent’s request for production of documents.
June 10, 2011	The Tribunal issues a procedural order on production of documents.
July 25, 2011 - July 30, 2011	The Tribunal holds a hearing on the merits in Washington, D.C.
August 15, 2011	The Tribunal poses questions to the parties.
September 1, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
October 17, 2011	Each party files a post-hearing brief. Each party files a submission on costs.
July 12, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 17, 2012	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 18, 2012	The Secretary-General registers an application for annulment of the award filed by Iberdrola Energía, S.A., and notifies the parties of the provisional stay of the enforcement of the award.
February 15, 2013	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Enrique Barros Bourie (Chile), President; Piero Bernardini (Italian) and José Luis Shaw (Uruguay); all members appointed by the Chairman of the Administrative Council.
April 9, 2013	The ad hoc Committee holds a first session by telephone conference
April 22, 2013	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 30, 2013	Iberdrola Energía S.A. files a memorial on annulment.
September 16, 2013	The Republic of Guatemala files a counter-memorial on annulment.
October 28, 2013	The ad hoc Committee confirms the continuation of the stay of enforcement of the award, pursuant to the parties' agreement.
November 26, 2013	Iberdrola Energía S.A. files a reply on annulment.
January 21, 2014	The Republic of Guatemala files a rejoinder on annulment.
January 31, 2014	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rules 53 and 37(2).
February 10, 2014	Each party files observations on the non-disputing party’s application.
February 12, 2014	The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rules 53 and 37(2).
February 17, 2014	Iberdrola Energía S.A. files a request for the Committee to decide on admissibility of documents.
February 20, 2014	The Republic of Guatemala files observations on Iberdrola Energía S.A.'s request of February 17, 2014.
February 21, 2014	The ad hoc Committee decides on admissibility of documents.
February 26, 2014 - February 27, 2014	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
April 16, 2014	Each party files a post-hearing brief.
April 30, 2014	Each party files a submission on costs.
May 23, 2014	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rules 37(2) and 53.
June 4, 2014	Each party files observations on the non-disputing party’s application.
June 9, 2014	The ad hoc Committee issues a decision on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rules 53 and 37(2).
November 4, 2014	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
January 13, 2015	The ad hoc Committee issues its decision on annulment; attached to the decision is a dissenting opinion by José Luis Shaw.