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.
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Respondent(s)
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September 12, 2022
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November 11, 2022
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Dário MOURA VICENTE (Portuguese)
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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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Pending
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May 12, 2023 - The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) 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 |
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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 | Following appointment by agreement of the parties, Bruno Simma (Austrian/German) accepts his appointment as presiding arbitrator. |
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. |
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. |
(b) Annulment Proceeding
Date | Development |
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September 12, 2022 | 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. |
November 11, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dário Moura Vicente (Portuguese), President; Pierre Bienvenu (Canadian); and Alvaro Galindo (Colombian/Ecuadorian); all members appointed by the Chairman of the Administrative Council. |
January 11, 2023 | The ad hoc Committee holds a first session by videoconference. |
January 13, 2023 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
February 1, 2023 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
February 22, 2023 | RENERGY S.à r.l. files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
March 8, 2023 | The Kingdom of Spain files a reply on the request to continue the stay of enforcement of the award. |
March 22, 2023 | RENERGY S.à r.l. files a rejoinder on the request to continue the stay of enforcement of the award. |
March 23, 2023 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
March 31, 2023 | RENERGY S.à r.l. files observations on the Kingdom of Spain’s request of March 23, 2023. |
April 18, 2023 | The ad hoc Committee decides on the Kingdom of Spain’s request of March 23, 2023. |
May 5, 2023 | The Kingdom of Spain files a memorial on annulment. |
May 12, 2023 | The ad hoc Committee issues a decision on concerning the continuation of the stay of enforcement of the award. |