Case Details
RENERGY S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/14/18)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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ECT (Energy Charter Treaty)
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ICSID Convention - Arbitration Rules
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RENERGY S.à r.l. (Luxembourg)
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Kingdom of Spain (Spanish)
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August 1, 2014
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February 13, 2015
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Bruno SIMMA (Austrian, German) - Appointed by the Parties
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Christoph H. SCHREUER (Austrian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
Cuatrecasas, Gonçalves Pereira, Madrid, Spain
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Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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English,Spanish
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Concluded
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May 6, 2022 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Phillipe Sands.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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August 1, 2014 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 9, 2014 | Following appointment by the Claimant, Christoph H. Schreuer (Austrian) accepts his appointment as arbitrator. |
November 9, 2014 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
November 14, 2014 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
February 13, 2015 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bruno Simma (Austrian/German), President, appointed by agreement of the parties; Christoph H. Schreuer (Austrian), appointed by Claimant; and Philippe Sands (British/French), appointed by Respondent. |
February 13, 2015 | Following appointment by agreement of the parties, Bruno Simma (Austrian/German) accepts his appointment as presiding arbitrator. |
April 29, 2015 | The Tribunal holds a first session by telephone conference. |
June 1, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 30, 2015 | Each party files observations on the non-disputing party’s application. |
July 10, 2015 | The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 25, 2015 | The Claimant files a memorial on the merits. |
December 3, 2015 | The Respondent files objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
December 15, 2015 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
January 4, 2016 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
January 12, 2016 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
February 2, 2016 | Each party files observations on the non-disputing party’s application. |
February 12, 2016 | The Tribunal issues Procedural Order No. 4 concerning 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. |
February 17, 2016 | The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s application. |
May 12, 2016 | The Respondent files a counter-memorial on the merits. |
July 21, 2016 | Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents. |
September 6, 2016 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
October 7, 2016 | Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents. |
October 13, 2016 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
October 25, 2016 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
November 11, 2016 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
December 1, 2016 | The Tribunal issues Procedural Order No. 9 concerning production of documents. |
December 27, 2016 | The Tribunal issues Procedural Order No. 10 concerning production of documents. |
January 9, 2017 | The Claimant files a counter-memorial on jurisdiction and a reply on the merits. |
January 17, 2017 | The Tribunal issues Procedural Order No. 11 concerning production of documents. |
February 24, 2017 | The Respondent files a rejoinder on the merits. |
March 24, 2017 | The Claimant files a rejoinder on jurisdiction. |
November 14, 2017 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
November 27, 2017 | Each party files a request for the Tribunal to decide on the admissibility of new evidence. |
November 30, 2017 | Each party files observations on the other party’s request for the admissibility of new evidence. |
December 4, 2017 | The Tribunal decides on production of documents. |
June 22, 2018 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 16, 2018 | Each party files observations on the non-disputing party’s written submission. |
July 17, 2018 | The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing. |
October 25, 2018 | Each party files a request for the Tribunal to decide on the admissibility of new evidence. |
November 26, 2018 - November 29, 2018 | The Tribunal holds a hearing on jurisdiction and merits in Madrid. |
December 19, 2018 | The Tribunal issues Procedural Order No. 13 posing questions to the parties. |
January 25, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
February 1, 2019 | Each party file answers to the questions posed by the Tribunal on December 19, 2018. |
February 4, 2019 | The Claimant files observations on the Respondent’s request of January 25, 2019. |
February 19, 2019 | The Tribunal decides on the admissibility of new evidence. |
April 8, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 15, 2019 | The Claimant files observations on the Respondent’s request of April 8, 2019. |
April 23, 2019 | The Tribunal decides on the admissibility of new evidence. |
November 26, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
December 2, 2019 | The Claimant files observations on the Respondent’s request of November 26, 2019 and files a request for the Tribunal to decide on the admissibility of new evidence. |
January 8, 2020 | The Respondent files a response to the Claimant’s observations and request of December 2, 2019. |
January 23, 2020 | The Claimant files a response to the Respondent’s observations of January 8, 2020. |
January 29, 2020 | The Respondent files observations Claimant’s response of January 23, 2020. |
January 30, 2020 | The Tribunal decides on the admissibility of new evidence. |
March 5, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 9, 2020 | The Claimant files observations on the Respondent’s request of March 5, 2020. |
March 12, 2020 | The Tribunal decides on the admissibility of new evidence. |
March 13, 2020 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 23, 2020 | Each party files observations on the non-disputing party’s written submission. |
June 17, 2020 | The Tribunal issues Procedural Order No. 14 concerning procedural matters. |
June 23, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
September 8, 2020 | The Tribunal poses questions to the parties and their respective experts. |
September 21, 2020 | The Respondent and their respective expert file answers to the questions posed by the Tribunal on September 8, 2020. |
September 22, 2020 | The Claimant and their respective expert file answers to the questions posed by the Tribunal on September 8, 2020. |
October 7, 2020 | The Claimant and their respective expert file further answers to the questions posed by the Tribunal on September 8, 2020. |
October 9, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
October 19, 2020 | The Tribunal issues Procedural Order No. 15 posing questions to the parties and their respective experts. |
October 26, 2020 | The Claimant files observations on the Respondent’s request of October 9, 2020. |
October 30, 2020 | The Tribunal decides on the admissibility of new evidence. |
November 10, 2020 | The parties and their respective experts file joint answers to the questions posed by the Tribunal on October 19, 2020. |
November 18, 2020 | The Tribunal poses questions to the parties. |
December 18, 2020 | The parties and their respective experts file joint answers to the questions posed by the Tribunal on November 18, 2020. |
December 18, 2020 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
December 23, 2020 | The Claimant files observations on the Respondent’s request of December 18, 2020. |
January 6, 2021 | The Tribunal decides on the admissibility of new evidence. |
April 14, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 15, 2021 | The Claimant files observations on the Respondent’s request of April 14, 2021. |
April 19, 2021 | The Tribunal decides on the admissibility of new evidence and requests the parties and their respective experts file an updated joint model. |
May 21, 2021 | The parties and their respective experts file an updated joint model. |
May 27, 2021 | The Tribunal requests the parties and their respective experts file an updated joint model. |
June 4, 2021 | The parties and their respective experts file an updated joint model. |
June 7, 2021 | The Tribunal requests the parties and their respective experts file an updated joint model. |
June 14, 2021 | The parties and their respective experts file an updated joint model. |
September 10, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
September 17, 2021 | The Claimant files observations on the Respondent’s request of September 10, 2021. |
September 20, 2021 | The Tribunal decides on the Respondent’s request of September 10, 2021. |
October 1, 2021 | The Respondent files observations on its request of September 10, 2021. |
October 15, 2021 | The Claimant files further observations on the Respondent’s request of September 10, 2021. |
November 8, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 24, 2021 | The Claimant files a submission on costs. |
December 3, 2021 | The Respondent files a submission on costs. |
February 25, 2022 | The Tribunal extends the period to draw up and sign the award by 60 days in accordance with ICSID Arbitration Rule 46. |
May 6, 2022 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Phillipe Sands. |