Case Details
Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V.) v. Kingdom of Spain (ICSID Case No. ARB/13/31)
-
Renewable energy generation enterprise
-
Electric Power & Other Energy
-
ECT (Energy Charter Treaty)
-
ICSID Convention - Arbitration Rules
-
Infrastructure Services Luxembourg S.à.r.l. (Luxembourg), Energia Termosolar B.V. (Dutch)
-
Kingdom of Spain (Spanish)
-
November 22, 2013
-
August 7, 2014
-
Eduardo ZULETA (Colombian) - Appointed by the Chairman of the Administrative Council
-
Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s) -
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
-
English,Spanish
-
Concluded
-
June 15, 2018 - The Tribunal renders its award.
-
Respondent(s)
-
July 25, 2018 (Respondent(s))
-
August 7, 2014
-
Eduardo ZULETA (Colombian) - Appointed by the Chairman of the Administrative Council
-
Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s) -
Eduardo ZULETA (Colombian) - Appointed by the Chairman of the Administrative Council
-
Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s) -
November 19, 2018: Klaus REICHERT (German ,Irish) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean)
-
Gibson, Dunn & Crutcher, London, U.K.
-
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
-
English,Spanish
-
Concluded
-
January 29, 2019 - The Tribunal issues a decision on the rectification of the award.
-
Respondent(s)
-
May 23, 2019 (Respondent(s))
-
August 19, 2019
-
Cavinder BULL (Singaporean)
-
-
Gibson, Dunn & Crutcher, London, U.K.
-
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
-
English,Spanish
-
Concluded
-
July 30, 2021 -
The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(c) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
---|---|
November 22, 2013 | The Secretary-General registers a request for the institution of arbitration proceedings. |
February 21, 2014 | Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator. |
March 4, 2014 | Following appointment by the Respondent, J. Christopher Thomas (Canadian) 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. |
August 6, 2014 | Following appointment by the Chairman of the Administrative Council, Eduardo Zuleta (Colombian) accepts his appointment as presiding arbitrator. |
August 7, 2014 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent. |
September 23, 2014 | The Tribunal holds a first session in Paris. |
October 6, 2014 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 14, 2014 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 28, 2014 | The Claimants file a memorial on the merits. |
December 5, 2014 | Each party files observations on the non-disputing party’s application. |
December 15, 2014 | The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 30, 2015 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
February 16, 2015 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
March 2, 2015 | The Tribunal issues a decision on 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. |
July 31, 2015 | The Respondent files a memorial on jurisdiction and a counter-memorial on the merits. |
September 29, 2015 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
October 14, 2015 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
November 6, 2015 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
December 9, 2015 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
December 18, 2015 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
December 21, 2015 | Each party files observations on the non-disputing party’s application. |
December 23, 2015 | The Respondent files a request for the Tribunal to decide on production and confidentiality of documents. |
January 7, 2016 | The Claimants file observations on the Respondent’s’ request for the Tribunal to decide on production and confidentiality of documents. |
January 28, 2016 | The Tribunal issues Procedural Order No. 4 concerning production and confidentiality of documents. |
February 2, 2016 | The Claimants file a request for the Tribunal to decide on confidentiality of documents. |
February 5, 2016 | The Tribunal issues Procedural Order No. 5 concerning the confidentiality of documents. The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
February 18, 2016 | A non-disputing party files a request for reconsideration of the Tribunal’s decision of February 5, 2016. |
February 22, 2016 | Each party files observations on the non-disputing party’s request. |
February 26, 2016 | The Tribunal issues a decision on the non-disputing party’s request for reconsideration of the Tribunal’s decision of February 5, 2016. |
March 1, 2016 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
April 15, 2016 | The Claimants file a rejoinder on jurisdiction. |
August 8, 2016 | The Tribunal issues Procedural Order No. 6 concerning submission of new evidence. |
September 12, 2016 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
September 15, 2016 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
October 19, 2016 - October 25, 2016 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
November 2, 2016 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
December 13, 2016 | The Tribunal issues Procedural Order No. 9 concerning the admissibility of a new document. |
December 16, 2016 | Each party files a post-hearing brief. |
January 20, 2017 | The Claimants file a statement of costs. |
January 31, 2017 | The Respondent files a statement of costs. |
July 21, 2017 | The parties submit a joint request for the Tribunal to decide on the admissibility of new documents. The Tribunal decides on the admissibility of new documents. |
July 26, 2017 | Each party files observations on the new documents. |
November 23, 2017 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 28, 2017 | The Claimants file observations on the Respondent’s request of November 23, 2017. |
November 29, 2017 | The Tribunal decides on the admissibility of new evidence. |
February 26, 2018 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 7, 2018 | The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2). |
March 12, 2018 | The Claimants file observations on the Respondent’s request of March 7, 2018. |
April 16, 2018 | The Tribunal issues Procedural Order No. 10 concerning the Respondent’s request of March 7, 2018. |
June 15, 2018 | The Tribunal renders its award. |
(b) Rectification Proceeding
Date | Development |
---|---|
July 25, 2018 | The Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain. |
September 3, 2018 | Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. file observations on the Respondent’s request of July 24, 2018. |
September 14, 2018 | The Kingdom of Spain files a reply on Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. observations of September 3, 2018. |
September 24, 2018 | Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. file a rejoinder on the Respondent’s reply of September 14, 2018. |
October 2, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
November 18, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), Klaus Reichert (Irish/German) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
November 19, 2018 | The Tribunal is reconstituted. Its members are Eduardo Zuleta (Colombian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Klaus Reichert (Irish/German), appointed by the Claimants; and J. Christopher Thomas (Canadian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
January 29, 2019 | The Tribunal issues a decision on the rectification of the award. |
(c) Annulment Proceeding
Date | Development |
---|---|
May 23, 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. |
August 19, 2019 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President; José Antonio Moreno Rodríguez (Paraguayan); and Nayla Comair-Obeid (French/Lebanese); all members appointed by the Chairman of the Administrative Council. |
September 3, 2019 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
September 9, 2019 | Antin Infrastructure Services Luxembourg S.à r.l. and Antin Energia Termosolar B.V. file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
September 12, 2019 | The Kingdom of Spain files a reply in support of its request to continue the stay of enforcement of the award. |
September 16, 2019 | Antin Infrastructure Services Luxembourg S.à r.l. and Antin Energia Termosolar B.V. file a rejoinder on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
September 18, 2019 | The ad hoc Committee holds a first session by telephone conference. |
September 20, 2019 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
September 26, 2019 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
October 7, 2019 | Each party files observations on the non-disputing party’s application. |
October 21, 2019 | The ad hoc Committee issues a decision on the stay of enforcement of the award. |
October 22, 2019 | Each party files further observations on the non-disputing party’s application. |
November 13, 2019 | The ad hoc Committee issues a decision concerning the non-disputing party’s application of September 26, 2019. |
November 21, 2019 | The Kingdom of Spain files a request for the admissibility of new evidence. |
November 29, 2019 | Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V. file observations on the Kingdom of Spain’s request for the admissibility of new evidence. |
December 13, 2019 | The Kingdom of Spain files a response to Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V. observations of November 29, 2019. |
December 18, 2019 | The Kingdom of Spain files a memorial on annulment. |
December 20, 2019 | Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V. file a reply on the Kingdom of Spain’s request for the admissibility of new evidence. |
January 8, 2020 | The ad hoc Committee issues Procedural Order No. 2 concerning the Kingdom of Spain’s request for the admissibility of new evidence. |
March 10, 2020 | The ad hoc Committee issues Procedural Order No. 3 concerning the Kingdom of Spain’s request for the admissibility of new evidence. |
April 29, 2020 | Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V. file a counter-memorial on annulment. |
July 8, 2020 | The Kingdom of Spain files a reply on annulment. |
August 3, 2020 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
August 20, 2020 | Each party files observations on the non-disputing party’s application. |
September 3, 2020 | Each party files further observations on the non-disputing party’s application. |
September 5, 2020 | The ad hoc Committee issues Procedural Order No. 4 concerning Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V.’s request for the admissibility of new evidence. |
September 9, 2020 | Infrastructure Services Luxembourg S.à r.l. and Energia Termosolar B.V. file a rejoinder on annulment. |
October 7, 2020 | The ad hoc Committee issues a decision concerning the non-disputing party’s application of August 3, 2020. |
October 27, 2020 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
October 28, 2020 | The ad hoc Committee issues Procedural Order No. 5 concerning procedural matters. |
November 24, 2020 | The ad hoc Committee holds a hearing on annulment by video conference. |
November 30, 2020 - December 1, 2020 | The ad hoc Committee holds a hearing on annulment by video conference. |
February 15, 2021 | Each party files a submission on costs. |
June 15, 2021 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
July 30, 2021 | The ad hoc Committee issues its decision on annulment. |