Case Details

NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v. Kingdom of Spain (ICSID Case No. ARB/14/11)

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):

NextEra Energy Spain Holdings B.V. (Dutch), NextEra Energy Global Holdings B.V. (Dutch)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

May 23, 2014
Date of Constitution of Tribunal:

January 23, 2015

Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Parties
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Skadden, Arps, Slate, Meagher & Flom, London, U.K.
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 31, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

October 2, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

December 16, 2019

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

President:

Joongi KIM (Korean)
Members:

Lawrence BOO (Singaporean)
Humberto SÁENZ MARINERO (Salvadoran)

Party Representatives

Claimant(s):

Skadden, Arps, Slate, Meagher & Flom, London, U.K.
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:

March 18, 2022 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction, Liability and Quantum Principles (March 12, 2019)

Award of the Tribunal (May 31, 2019)

(b) Annulment Proceeding

Published Decisions

Decision on Stay of Enforcement of the Award (April 6, 2020)

Decision Terminating the Stay of Enforcement of the Award (May 28, 2020)

(a) Original Proceeding

Date	Development
May 23, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
August 11, 2014	Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
September 17, 2014	Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator.
November 14, 2014	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
January 23, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President, appointed by agreement of the parties; L. Yves Fortier (Canadian), appointed by the Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by the Respondent.
January 23, 2015	Following appointment by the parties, Donald M. McRae (Canadian, New Zealand) accepts his appointment as presiding arbitrator.
May 15, 2015	The Tribunal holds a first session in Washington, D.C.
May 21, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 22, 2015	The Claimants file a memorial on the merits.
September 9, 2015	The Respondent files objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
September 22, 2015	Each party files observations on the non-disputing party’s application.
September 28, 2015	The Claimants file a request for the Tribunal to decide on production of documents.
October 2, 2015	The Claimants file observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question. The Respondent files further observations on the non-disputing party’s application.
October 5, 2015	The Claimants file further observations on the non-disputing party’s application. The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents of September 28, 2015.
October 28, 2015	The Tribunal issues Procedural Order No. 2 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.
January 6, 2016	The Tribunal decides on production of documents. The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2).
March 4, 2016	The Respondent files a counter-memorial on the merits.
May 13, 2016	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 3, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 8, 2016	The Claimants file a counter-memorial on jurisdiction.
August 11, 2016	The Claimants file a reply on the merits.
September 5, 2016	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
October 14, 2016	The Respondent files a reply on jurisdiction.
October 20, 2016	The Respondent files a rejoinder on the merits.
November 7, 2016	The Claimants file a request for the Tribunal to decide on production of documents.
November 8, 2016	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents of November 7, 2016. The Respondent files a request for the Tribunal to decide on production of documents.
November 11, 2016	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
November 14, 2016	The Claimants file a rejoinder on jurisdiction.
November 15, 2016	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents of November 8, 2016.
November 21, 2016	Each Party files a request for the Tribunal to decide on the admissibility of new documents.
November 23, 2016	The Tribunal issues Procedural Order No. 6 concerning production of documents.
November 25, 2016	Each Party files observations on the other Party’s request of November 21, 2016.
November 26, 2016	Respondent files a request for the Tribunal to decide on the admissibility of new documents.
November 28, 2016	The Claimants file observations on the Respondent’s request of November 26, 2016.
December 1, 2016	The Tribunal issues Procedural Order No. 7 concerning admissibility of new documents and other procedural matters.
December 2, 2016	The Tribunal decides on the admissibility of new documents.
December 6, 2016	Respondent files a request for the Tribunal to decide on the admissibility of new documents.
December 7, 2016	The Claimant files observations on the Respondent’s request of December 6, 2016.
December 8, 2016	The Respondent files further observations on its request of December 6, 2016. The Tribunal decides on the admissibility of new documents.
December 12, 2016 - December 19, 2016	The Tribunal holds a hearing on jurisdiction and the merits in London.
February 8, 2017	The Tribunal poses questions to the parties.
February 27, 2017	Each party files answers to the questions posed by the Tribunal on February 8, 2017.
March 7, 2017	The Claimants file reply submission on the questions posed by the Tribunal on February 8, 2017.
March 8, 2017	The Respondent files reply submission on the questions posed by the Tribunal on February 8, 2017.
May 11, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
May 17, 2017	The Respondent files observations on the Claimants’ request of May 11, 2017.
May 23, 2017	The Tribunal decides on the admissibility of new documents.
July 25, 2017	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
August 17, 2017	The Claimants file observations on the Respondent’s request of July 25, 2017.
August 28, 2017	The Respondent files further observations on its request of July 25, 2017.
September 26, 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 29, 2017	The Claimants file observations on the Respondent’s request of November 23, 2017.
December 5, 2017	The Respondent files further observations on its request of November 23, 2017.
December 14, 2017	The Tribunal decides on the admissibility of new documents.
March 5, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
March 9, 2018	The Respondent files observations on the Claimants’ request of March 5, 2018, and a request for the Tribunal to decide on the admissibility of new documents.
March 15, 2018	The Claimants file observations on the Respondent’s request of March 9, 2018.
March 21, 2018	The Respondent files further observations on its request of March 9, 2018.
March 26, 2018	The Tribunal decides on the admissibility of new documents.
April 16, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
April 19, 2018	The Respondent files observations on the Claimants’ request of April 16, 2018, and a request for the Tribunal to decide on the admissibility of new documents.
April 23, 2018	The Claimants file observations on the Respondent’s request of April 19, 2018.
April 27, 2018	The Respondent files further observations on its request of April 19, 2018.
May 4, 2018	The Tribunal issues Procedural Order No. 8 concerning admissibility of new documents.
September 28, 2018	Each party files a statement of costs.
January 25, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
January 31, 2019	The Claimants file observations on the Respondent’s request of January 25, 2019.
February 5, 2019	The Tribunal decides on the admissibility of new documents.
March 11, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
March 11, 2019	The Claimants file observations on the Respondent’s request of March 11, 2019.
March 12, 2019	The Tribunal decides on the admissibility of new documents.
March 12, 2019	The Tribunal issues a decision on jurisdiction, liability and principles of quantum.
March 21, 2019	The Claimants file a submission on quantum.
April 5, 2019	The Respondent files observations on the Claimants’ submission on quantum.
April 11, 2019	The Claimants file an updated statement of costs.
May 9, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 31, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
October 2, 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.
December 16, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Joongi Kim (Korean), President; Lawrence Boo (Singaporean); and Humberto Sáenz Marinero (Salvadoran); all members appointed by the Chairman of the Administrative Council.
January 16, 2020	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
January 26, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
January 30, 2020	The Kingdom of Spain files a reply on the request to continue the stay of enforcement of the award.
February 5, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file a rejoinder on the request to continue the stay of enforcement of the award.
February 11, 2020	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by telephone conference.
February 24, 2020	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 4, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 6, 2020	Each party files observations on the non-disputing party’s application.
March 13, 2020	The Kingdom of Spain files a request for the Tribunal to decide on the admissibility of new evidence.
March 18, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the Kingdom of Spain’s request of March 13, 2020.
April 2, 2020	The ad hoc Committee issues a decision on the admissibility of new evidence.
April 3, 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).
April 6, 2020	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
April 16, 2020	The Kingdom of Spain files a memorial on annulment.
April 23, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the non-disputing party’s written submission.
April 23, 2020	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
May 28, 2020	The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
July 9, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file a counter-memorial on annulment.
September 17, 2020	The Kingdom of Spain files a reply on annulment.
December 15, 2020	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence.
December 16, 2020	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the Kingdom of Spain’s request of December 15, 2020.
December 17, 2020	The ad hoc Committee issues a decision on the admissibility of new evidence.
December 17, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
December 19, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
December 21, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
February 25, 2021	Each party files a submission on costs.
September 10, 2021	The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence.
September 14, 2021	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the Kingdom of Spain’s request of September 10, 2021.
September 17, 2021	The ad hoc Committee decides on the admissibility of new evidence.
December 1, 2021	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 3, 2021	The Kingdom of Spain files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(1).
December 7, 2021	NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V file observations on the request to reopen the proceeding.
December 21, 2021	The ad hoc Committee issues a decision concerning the Kingdom of Spain’s request to reopen the proceeding.
March 18, 2022	The ad hoc Committee issues its decision on annulment.