Case Details

RENERGY S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/14/18)

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):

RENERGY S.à r.l. (Luxembourg)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

August 1, 2014
Date of Constitution of Tribunal:

February 13, 2015

Composition of Tribunal

President:

Bruno SIMMA (Austrian, German) - Appointed by the Parties
Arbitrators:

Christoph H. SCHREUER (Austrian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cuatrecasas, Gonçalves Pereira, Madrid, Spain
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 6, 2022 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Phillipe Sands.

No References Available.

(a) Original Proceeding

Date	Development
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.