Case Details
KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/25)
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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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KS Invest GmbH (German), TLS Invest GmbH (German)
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Kingdom of Spain (Spanish)
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June 16, 2015
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December 7, 2015
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Bruno SIMMA (Austrian, German) - Appointed by the Parties
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Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s) -
Bruno SIMMA (Austrian, German) - Appointed by the Parties
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Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s) -
August 13, 2018: Kaj HOBÉR (Swedish) appointed following the resignation of Gary B. BORN (U.S.)
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Gomez-Acebo & Pombo, Madrid, Spain
King & Spalding, Paris, France -
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 5, 2024 - The parties’ experts file a joint report.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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June 16, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
August 17, 2015 | Following appointment by the Claimant, Gary Born (American) accepts his appointment as arbitrator. |
October 9, 2015 | Following appointment by the Respondent, Daniel Bethlehem (British) accepts his appointment as arbitrator. |
December 7, 2015 | Following appointment by the parties, Bruno Simma (Austrian/German) accepts his appointment as presiding arbitrator. 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; Gary Born (U.S.), appointed by the Claimants; and Daniel Bethlehem (British), appointed by the Respondent. |
January 12, 2016 | The Tribunal holds a first session by telephone conference. |
February 8, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 16, 2016 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 4, 2016 | Each party files observations on the non-disputing party’s application. |
April 15, 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). |
April 18, 2016 | The Claimants file a memorial on the merits. |
July 29, 2016 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
September 9, 2016 | The Claimants file a request for the Tribunal to decide on production of documents. |
September 30, 2016 | The Respondent files a request for the Tribunal to decide on production of documents. |
November 10, 2016 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
December 21, 2016 | The Tribunal issues Procedural Order No. 4. |
January 9, 2017 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
January 17, 2017 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 31, 2017 | The Claimants file observations on the non-disputing party’s application. |
February 1, 2017 | The Claimants file a reply memorial on the merits and counter-memorial on jurisdiction. The Respondent files observations on the non-disputing party’s application. |
February 21, 2017 | The Tribunal issues Procedural Order No. 6 concerning a non-disputing party’s second application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 17, 2017 | The Respondent files a rejoinder on the merits and reply on jurisdiction. The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 17, 2017 | The Claimants file a rejoinder on jurisdiction. |
September 18, 2017 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
September 19, 2017 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
September 20, 2017 | The Respondent files observations on the Claimants’ request of September 18, 2017, and files a request for the Tribunal to decide on production of documents. |
September 22, 2017 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
September 25, 2017 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents. |
October 23, 2017 - October 27, 2017 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
February 14, 2018 | The Respondent files a proposal for disqualification of arbitrator Gary B. Born. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
February 28, 2018 | The Claimants file observations on the proposal for disqualification |
March 13, 2018 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
March 27, 2018 | Each party furnishes further explanations on the proposal for disqualification. |
April 30, 2018 | The proposal for disqualification of arbitrator Gary B. Born is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
May 15, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
May 16, 2018 | The non-disputing party files a communication regarding its written submission of March 17, 2017. |
May 17, 2018 | The Tribunal issues a decision on the Respondent’s request of September 20, 2017, concerning production of documents. |
May 18, 2018 | The Tribunals issues a decision on the Claimants’ request of May 15, 2018, concerning the admissibility of new documents. |
May 31, 2018 | The Claimants file observation on the non-disputing party’s communication of May 16, 2018. |
June 14, 2018 | The Tribunal issues a decision concerning the non-disputing party’s communication of May 16, 2018. |
June 25, 2018 | Following the resignation of arbitrator Gary B. Born, the Centre notifies the parties of the vacancy on the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 10(2). |
August 12, 2018 | Following the resignation of Gary Born (U.S.), Kaj Hobér (Swedish) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
August 13, 2018 | The Tribunal is reconstituted. Its members are Bruno Simma (Austrian/German), President, appointed by the parties; Kaj Hobér (Swedish), appointed by the Claimants; and Daniel Bethlehem (British) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rules 12. |
January 25, 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 of January 25, 2019, and file 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 19, 2019 | The Tribunal decides on the Respondent’s request of January 28 and on the Claimants’ request of February 4, 2019. |
March 15, 2019 | The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
March 15, 2019 | The Respondent files observations on the Claimants’ request for the Tribunal to decide on the admissibility of new documents. |
March 19, 2019 | The Tribunal decides on the Claimants’ request of March 15, 2019. |
March 25, 2019 - March 26, 2019 | The Tribunal holds a hearing in London. |
May 31, 2019 | Each party files a post-hearing brief. |
July 12, 2019 | Each party files a reply post-hearing brief. |
July 12, 2019 | Each party files a submission on costs. |
November 12, 2019 | The Respondent files a proposal for disqualification of arbitrator Kaj Hobér. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
November 25, 2019 | The Claimants file observations on the proposal for disqualification. |
December 5, 2019 | The Respondent files further observations on its proposal for disqualification. |
December 23, 2019 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
December 27, 2019 | The Respondent furnishes further explanations on the proposal for disqualification. |
January 3, 2020 | The Claimants furnish further explanations on the proposal for disqualification. |
March 13, 2020 | The non-disputing party files a communication regarding its written submission of March 17, 2017. |
May 15, 2020 | The proposal for disqualification of arbitrator Kaj Hobér is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6). |
May 29, 2020 | Each party files observations on the non-disputing party’s communication of March 13, 2020. |
June 3, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
June 12, 2020 | The Claimants file observations on the Respondent’s request of June 3, 2020 and file a request for the Tribunal to decide on the admissibility of new documents. |
June 16, 2020 | The Tribunal decides on the Respondent’s request of June 3, 2020 and on the Claimants’ request of June 12, 2020. |
June 19, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
June 26, 2020 | The Claimants file observations on the Respondent’s request of June 19, 2020. |
July 17, 2020 | Each party files observations on the new documents admitted by the Tribunal. |
October 9, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
October 19, 2020 | The Claimants file observations on the Respondent’s request of October 9, 2020 and file a request for the Tribunal to decide on the admissibility of a new document. |
October 22, 2020 | The Tribunal decides on the Respondent’s request of October 9, 2020, concerning the admissibility of a new document. |
November 24, 2020 | Each party files observations on the new documents admitted by the Tribunal. |
April 14, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 23, 2021 | The Claimants file observations on the Respondent’s request of April 14, 2021. |
April 26, 2021 | The Tribunal issues a decision on the Respondent’s request of April 14, 2021, concerning the admissibility of new documents. |
April 28, 2021 | The Claimants file comments on the new documents admitted by the Tribunal. |
September 8, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
September 17, 2021 | The Claimants file observations on the Respondent’s request of September 8, 2021. |
September 19, 2021 | The Tribunal decides on the Respondent’s request of September 8, 2021, concerning the admissibility of new evidence. |
October 1, 2021 | The Respondent files observations on the new document admitted by the Tribunal. |
October 15, 2021 | The Claimants file reply observations on the new document admitted by the Tribunal. |
December 13, 2021 | The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
January 31, 2022 | The Respondent files observations on the Claimants’ request of December 13, 2022 and a request for the Tribunal to decide on the admissibility of new documents. |
January 31, 2022 | The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
March 4, 2022 | The Claimants file observations on the Respondent’s request of January 31, 2022 and the Respondent files observations on the Claimants’ request of January 31, 2022. |
April 1, 2022 | The Tribunal issues a decision on the admissibility of new documents. |
July 5, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
July 14, 2022 | Each party files observations on the new documents admitted by the Tribunal. |
July 21, 2022 | The Claimants file observations on the Respondent’s request of July 5, 2022 and a request for the Tribunal to decide on the admissibility of new documents. |
August 4, 2022 | The Respondent files request for the Tribunal to decide on the admissibility of new documents. |
August 12, 2022 | The Tribunal issues a decision on the admissibility of new documents. |
August 18, 2022 | The Claimants file observations on the Respondent’s request of August 4, 2022. |
August 25, 2022 | The Tribunal issues a decision on the admissibility of new documents. |
August 26, 2022 | Each party files observations on the new documents admitted by the Tribunal. |
September 5, 2022 | The Claimants file observations on the new documents admitted by the Tribunal. |
December 20, 2022 | The Tribunal issues a decision on jurisdiction, liability and principles of quantum. |
May 12, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
May 17, 2023 | The Respondent files observations on the Claimants’ request of May 12, 2023. |
May 25, 2023 | The Tribunal issues Procedural Order No. 8 on the admissibility of new evidence. |
May 26, 2023 | The parties’ experts file a joint report. |
June 9, 2023 | Each party files observations on the experts joint report. |
October 31, 2024 | The Tribunal issues Procedural Order No. 9 on further directions on quantum. |
December 5, 2024 | The parties’ experts file a joint report. |