Case Details
BayWa r.e. renewable energy GmbH and BayWa r.e. Asset Holding GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/16)
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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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BayWa r.e. Asset Holding GmbH (German), BayWa r.e. renewable energy GmbH (German)
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Kingdom of Spain (Spanish)
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May 8, 2015
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November 6, 2015
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James R. CRAWFORD (Australian) - Appointed by the Secretary-General
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - 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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Pending
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December 21, 2020 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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May 8, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
July 17, 2015 | Following appointment by the Claimants, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator. |
July 27, 2015 | Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her appointment as arbitrator. |
November 6, 2015 | Following appointment by the Secretary-General, James R. Crawford (Australian) accepts his appointment as presiding arbitrator. |
November 6, 2015 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: James R. Crawford (Australian), President, appointed by the Secretary-General pursuant to the parties’ agreement; Horacio Grigera Naón (Argentine), appointed by the Claimants; and Loretta Malintoppi (Italian), appointed by the Respondent. |
December 10, 2015 | The Tribunal holds a first session by telephone conference. |
December 29, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 16, 2016 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
March 3, 2016 | The Claimants file a memorial on the merits. |
March 18, 2016 | Each party files observations on the non-disputing party’s application. |
May 23, 2016 | 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). |
June 15, 2016 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
September 12, 2016 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
October 3, 2016 | The Tribunal issues Procedural Order No. 3 concerning the parties’ requests for production of documents. |
November 18, 2016 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
December 2, 2016 | The Claimants file observations on the Respondent’s request of November 18, 2016. |
December 13, 2016 | The Claimants file a request for the Tribunal to decide on production of documents. |
December 20, 2016 | The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents. |
December 21, 2016 | The Tribunal issues Procedural Order No. 4 concerning the admissibility of new documents. |
January 17, 2017 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
January 23, 2017 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
February 6, 2017 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
February 13, 2017 | Each party files observations on the non-disputing party’s application. |
April 4, 2017 | The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application. |
April 7, 2017 | The Respondent files a reply on jurisdictional objections and a rejoinder on the merits. |
May 24, 2017 | The Claimants file a rejoinder on jurisdiction |
October 5, 2017 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 10, 2017 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
November 6, 2017 - November 10, 2017 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
November 23, 2017 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 24, 2017 | The Claimants file observations on the Respondent’s request of November 23, 2017. |
November 26, 2017 | The Respondent files observations on the Claimants’ response of November 24, 2017. |
December 5, 2017 | The Claimants file a reply on the on the Respondent’s observations of November 26, 2017. |
December 23, 2017 | The Tribunal decides on the Respondent’s request of November 23, 2017. |
February 13, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
February 21, 2018 | The Claimants file observations on the Respondent’s request of February 13, 2018. |
February 21, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
March 2, 2018 | The Respondent files comments on the Claimants observations of February 21, 2018. |
March 7, 2018 | The Tribunal decides on the Respondent’s request of February 13, 2018, and the Claimants request of February 21, 2018. |
May 16, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
May 18, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
May 18, 2018 | Each Party files observations on the non-disputing party’s application of May 16, 2018. |
May 20, 2018 | The Tribunal decides on the Claimants’ request of May 18, 2018. |
May 22, 2018 - May 23, 2018 | The Tribunal holds a hearing in The Hague. |
May 29, 2018 | The Tribunal issues a decision concerning the non-disputing party’s application of May 16, 2018. |
July 2, 2018 | Each party files a submission on costs. |
January 28, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
February 4, 2019 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on the admissibility of a new document. |
February 6, 2019 | The Tribunal decides on the Respondent’s request of January 28, 2019. |
December 2, 2019 | The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a dissenting opinion by arbitrator Horacio A. Grigera Naón. |
March 9, 2020 | The Tribunal issues Procedural Order No. 8 concerning the Damages Briefing Schedule. |
March 23, 2020 | Each Party files an expert report pursuant to Procedural Order No. 8. |
April 6, 2020 | Each Party files a rebuttal expert report pursuant to Procedural Order No. 8. |
November 9, 2020 | The Claimants file an updated submission on costs. |
November 16, 2020 | The Respondent files an updated submission on costs. |
December 21, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |