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)

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. Asset Holding GmbH (German), BayWa r.e. renewable energy GmbH (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:

Pending
Latest Development:

April 6, 2020 - Each Party files a rebuttal expert report pursuant to Procedural Order No. 8.

No References Available.

(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	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 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.
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.