Case Details

KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/25)

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):

KS Invest GmbH (German), TLS Invest GmbH (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

June 16, 2015
Date of Constitution of Tribunal:

December 7, 2015

Composition of Tribunal

President:

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

Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

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

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s)
Reconstituted:

August 13, 2018: Kaj HOBÉR (Swedish) appointed following the resignation of Gary B. BORN (U.S.)

Party Representatives

Claimant(s):

Gomez-Acebo & Pombo, Madrid, Spain
King & Spalding, Paris, France
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:

September 19, 2021 - The Tribunal decides on the Respondent’s request of September 8, 2021, concerning the admissibility of new evidence.

No References Available.

(a) Original Proceeding

Date	Development
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.
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.
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.