Case Details

BayWa r.e. AG v. Kingdom of Spain (ICSID Case No. ARB/15/16)

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):

BayWa r.e. AG (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

May 8, 2015
Date of Constitution of Tribunal:

November 6, 2015

Composition of Tribunal

President:

James R. CRAWFORD (Australian) - Appointed by the Secretary-General
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - 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:

January 25, 2021 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 28, 2021
Date of Constitution of ad hoc Committee:

August 16, 2021

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

President:

Dário MOURA VICENTE (Portuguese)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Baiju S. VASANI (British, U.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
Status of Proceeding:

Pending
Latest Development:

January 2, 2023 - The ad hoc Committee decides on the admissibility of new evidence.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (January 25, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
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	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.
November 6, 2015	Following appointment by the Secretary-General, James R. Crawford (Australian) accepts his appointment as presiding arbitrator.
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).
January 25, 2021	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
May 28, 2021	The 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.
August 16, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dário Moura Vicente (Portuguese), President; Bertha Cooper-Rousseau (Bahamian); and Baiju S. Vasani (British and U.S.); all members appointed by the Chairman of the Administrative Council.
September 16, 2021	The ad hoc Committee holds a first session by videoconference.
September 27, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 30, 2021	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
October 21, 2021	BayWa r.e. AG files observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
October 22, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 4, 2021	The Kingdom of Spain files a response on BayWa r.e. AG’s observations of October 21, 2021.
November 5, 2021	Each party files observations on the non-disputing party’s application.
November 18, 2021	BayWa r.e. AG files further observations on the Kingdom of Spain’s response of November 4, 2021.
November 22, 2021	The Kingdom of Spain files a memorial on annulment.
December 20, 2021	The ad hoc Committee issues Procedural Order No. 2 on the continuation of the stay of enforcement of the award.
December 20, 2021	The ad hoc Committee issues Procedural Order No. 3 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
January 28, 2022	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
February 22, 2022	BayWa r.e. AG files a counter-memorial on annulment.
May 17, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
May 18, 2022	BayWa r.e. AG files observations on the Kingdom of Spain’s request of May 17, 2022.
May 19, 2022	The ad hoc Committee decides on the admissibility of new documents.
June 22, 2022	BayWa r.e. AG files a rejoinder on annulment.
June 22, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
June 29, 2022	BayWa r.e. AG files observations on the Kingdom of Spain’s request of June 22, 2022.
July 1, 2022	The ad hoc Committee decides on the admissibility of new documents.
July 22, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
April 22, 2022	The Kingdom of Spain files a reply on annulment.
July 19, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents and to reconsider the Tribunal’s decision of December 20, 2021.
July 25, 2022	The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing.
July 28, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
August 5, 2022	BayWa r.e. AG files observations on the Kingdom of Spain’s requests of July 19, 2022, and July 28, 2022.
August 30, 2022	BayWa r.e. AG files a request for the Committee to decide on the admissibility of new documents.
September 12, 2022	BayWa r.e. AG files a request for the Committee to decide on the admissibility of new documents.
September 12, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
September 19, 2022	The Kingdom of Spain files observations on BayWa r.e. AG’s request of September 12, 2022.
September 19, 2022	BayWa r.e. AG files observations on the Kingdom of Spain’s request of September 12, 2022.
September 23, 2022	The ad hoc Committee decides on the admissibility of new documents.
September 27, 2022 - September 28, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
November 25, 2022	BayWa r.e. AG files a submission on costs.
November 28, 2022	The Kingdom of Spain files a submission on costs.
December 20, 2022	The Kingdom of Spain files a request for the Tribunal to decide on the admissibility of new evidence.
December 29, 2022	BayWa r.e. AG files observations on the Kingdom of Spain’s request of December 20, 2022.
January 2, 2023	The ad hoc Committee decides on the admissibility of new evidence.