Case Details

Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain (ICSID Case No. ARB/14/1)

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):

Masdar Solar & Wind Cooperatief U.A. (Dutch)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

February 11, 2014
Date of Constitution of Tribunal:

July 18, 2014

Composition of Tribunal

President:

John BEECHEY (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Dubai, U.A.E.
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:

May 16, 2018 - The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 5, 2018 (Respondent(s))

Party Representatives

Claimant(s):

Allen & Overy, Dubai, U.A.E.
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:

November 29, 2018 - The Tribunal issues its decision on the request for supplementary decision of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 4, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

May 23, 2019

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

President:

Kap-You (Kevin) KIM (Korean)
Members:

N. Fernando PIÉROLA CASTRO (Peruvian, Swiss)
Carita WALLGREN-LINDHOLM (Finnish)

Initial Composition of Tribunal

President:

Makhdoom Ali KHAN (Pakistani) - Appointed by the Chairman of the Administrative Council
Arbitrators:

N. Fernando PIÉROLA CASTRO (Peruvian, Swiss) - Appointed by the Chairman of the Administrative Council
Carita WALLGREN-LINDHOLM (Finnish) - Appointed by the Chairman of the Administrative Council
Reconstituted:

November 11, 2019: Kap-You (Kevin) KIM (Korean) appointed following the resignation of Makhdoom Ali KHAN (Pakistani)

Party Representatives

Claimant(s):

Allen & Overy, Dubai, U.A.E.
Respondent(s):

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

Concluded
Outcome of Proceeding:

November 27, 2020 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

No References Available.

(a) Original Proceeding

Date	Development
February 11, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
May 13, 2014	Following appointment by the Respondent, Brigitte Stern (France) accepts her appointment as arbitrator.
May 22, 2014	Following appointment by the Claimant, Gary Born (US) accepts his appointment as arbitrator.
July 18, 2014	Following appointment by the Chairman of the Administrative Council, John Beechey (British) accepts his appointment as presiding arbitrator.
July 18, 2014	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John Beechey (British), President, appointed by the Chairman of the Administrative Council pursuant to the parties’ agreement; Gary Born (U.S.), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
October 15, 2014	The Tribunal holds a first session by videoconference.
November 14, 2014	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
November 20, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 3, 2014	Each party files observations on the non-disputing party’s application.
December 15, 2014	Each party files further observations on the non-disputing party’s application.
January 9, 2015	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 22, 2015	The Claimant files a memorial on the merits.
February 12, 2015	A non-disputing party files a request for reconsideration of the Tribunal’s decision of January 9, 2015.
February 19, 2015	The Claimant files observations on the non-disputing party’s request of February 12, 2015.
February 20, 2015	The Respondent files observations on the non-disputing party’s request of February 12, 2015.
March 3, 2015	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s request of February 12, 2015. The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 24, 2015	The Claimant files observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
March 25, 2015	The non-disputing party’s written submission pursuant to ICSID Arbitration Rule 37(2) is incorporated into the record.
April 8, 2015	Each party files observations on the non-disputing party’s written submission pursuant to ICSID Arbitration Rule 37(2).
April 21, 2015	The Tribunal issues Procedural Order No. 3 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.
September 16, 2015	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
November 11, 2015	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
December 3, 2015	The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 3, 2016	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 10, 2016	The Respondent files a rejoinder on the merits and reply on jurisdiction.
June 29, 2016	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
July 6, 2016	The Respondent files observations on the Claimant’s request of June 29, 2016. The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 17, 2016	The Claimant files observations on the Respondent’s request of July 6, 2016.
July 18, 2016	The Tribunal decides on the admissibility of new evidence.
July 24, 2016	The Claimant files a rejoinder on jurisdiction.
July 29, 2016	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 11, 2016	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
September 19, 2016 - September 23, 2016	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
November 24, 2016	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
November 26, 2016	The Claimant files observations on the Respondent’s request of November 24, 2016.
November 28, 2016	The Respondent files further observations on the request of November 24, 2016.
November 29, 2016	The Claimant files further observations on the Respondent’s request of November 24, 2016. The Respondent files further observations on the request of November 24, 2016.
December 1, 2016	The Claimant files further observations on the Respondent’s request of November 24, 2016. The Tribunal decides on the admissibility of new documents.
March 2, 2017	Each party files a statement of costs.
May 9, 2017	The Claimant files a request for the Tribunal to decide on the admissibility of new documents.
May 12, 2017	The Respondent files observations on the Claimant’s request of May 9, 2017. The Tribunal decides on the admissibility of new documents.
November 23, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
November 28, 2017	The Claimants file observations on the Respondent’s request of November 23, 2017.
January 3, 2018	The Tribunal decides on the Respondent’s request of November 23, 2017.
January 8, 2018	The Respondent files a request for reconsideration of the Tribunal’s decision of January 3, 2018.
January 11, 2018	The Claimant files observations on the Respondent’s request of January 8, 2018.
January 13, 2018	The Tribunal decides on the Respondent’s request of January 8, 2018.
February 7, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 6, 2018	The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2).
March 14, 2018	The Claimant files observations on the request to reopen the proceeding.
March 30, 2018	The Tribunal decides on the Respondent’s request of March 6, 2018.
May 16, 2018	The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Date	Development
July 5, 2018	The Secretary-General registers a request for a supplementary decision of the award filed by the Kingdom of Spain.
July 26, 2018	Masdar Solar & Wind Cooperatief U.A. files observations on the Kingdom of Spain’s request for a stay of enforcement of the award.
July 30, 2018	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
August 24, 2018	The Tribunal issues a decision on the Kingdom of Spain’s request for a stay of enforcement of the award.
September 12, 2018	The Claimant files observations on the Respondent’s request for a supplementary decision.
November 29, 2018	The Tribunal issues its decision on the request for supplementary decision of the award.

(c) Annulment Proceeding

Date	Development
April 4, 2019	The Acting 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 23, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Makhdoom Ali Khan (Pakistani), President; N. Fernando Piérola Castro (Peruvian/Swiss); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council.
June 11, 2019	The Kingdom of Spain files a submission in support of the continuation of the stay of enforcement of the award.
June 25, 2019	Masdar Solar & Wind Cooperatief U.A. files further observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
July 2, 2019	The Kingdom of Spain files a reply in support of the continuation of the stay of enforcement of the award.
July 9, 2019	Masdar Solar & Wind Cooperatief U.A. files a rejoinder on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
July 15, 2019	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by telephone conference.
July 17, 2019	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
July 29, 2019	Each party files observations on the non-disputing party’s application.
August 6, 2019	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 9, 2019	Following the resignation of ad hoc Committee member Makhdoom Ali Khan, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
November 11, 2019	The ad hoc Committee is reconstituted. Its members are Kap-You (Kevin) Kim (Korean), President; N. Fernando Piérola Castro (Peruvian/Swiss); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
November 15, 2019	Masdar Solar & Wind Cooperatief U.A. files a request for the ad hoc Committee to decide on the admissibility of new documents.
November 18, 2019	The Kingdom of Spain files observations on Masdar Solar & Wind Cooperatief U.A.'s request of November 15, 2019.
December 4, 2019	The ad hoc Committee holds a further hearing on the stay of enforcement of the award by telephone conference.
December 16, 2019	The Kingdom of Spain files a memorial on annulment.
December 16, 2019	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence.
December 19, 2019	Masdar Solar & Wind Cooperatief U.A. files observations on the Kingdom of Spain's request of December 16, 2019.
December 19, 2019	The Kingdom of Spain files further observations on Masdar Solar & Wind Cooperatief U.A.'s request of November 15, 2019 and files a request for the ad hoc Committee to decide on the admissibility of new evidence.
December 23, 2019	The ad hoc Committee decides on the Kingdom of Spain's request of December 16, 2019.
January 3, 2020	Masdar Solar & Wind Cooperatief U.A. files observations on the Kingdom of Spain's request of December 19, 2019 and files a request for the ad hoc Committee to decide on the admissibility of new documents.
January 8, 2020	The ad hoc Committee decides on the Parties' requests of November 15, 2019, December 19, 2019 and January 3, 2020.
January 27, 2020	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new documents.
February 3, 2020	Masdar Solar & Wind Cooperatief U.A. files observations on the Kingdom of Spain's request of January 27, 2020.
March 13, 2020	The ad hoc Committee decides on the Kingdom of Spain's request of January 27, 2020.
April 21, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 23, 2020	Masdar Solar & Wind Cooperatief U.A. files a counter-memorial on annulment.
April 23, 2020	Masdar Solar & Wind Cooperatief U.A. files a request for the ad hoc Committee to decide on the admissibility of new evidence.
April 30, 2020	The Kingdom of Spain files observations on Masdar Solar & Wind Cooperatief U.A.'s request of April 23, 2020.
May 20, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning the continuation of the stay of enforcement of the award.
May 29, 2020	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
June 5, 2020	The ad hoc Committee issues Procedural Order No. 4 concerning procedural matters.
July 6, 2020	The Kingdom of Spain files a reply on annulment.
July 23, 2020	The ad hoc Committee issues Procedural Order No. 5 concerning procedural matters.
August 25, 2020	The proceeding is suspended until September 11, 2020, pursuant to the parties’ agreement.
September 10, 2020	The suspension of the proceeding is extended until October 9, 2020, pursuant to the parties’ agreement.
October 19, 2020	The suspension of the proceeding is extended until January 11, 2021, pursuant to the parties’ agreement.
November 12, 2020	The Kingdom of Spain files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
November 27, 2020	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.