Case Details

Cavalum SGPS, S.A. v. Kingdom of Spain (ICSID Case No. ARB/15/34)

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):

Cavalum SGPS, S.A. (Portuguese)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

August 4, 2015
Date of Constitution of Tribunal:

January 22, 2016

Composition of Tribunal

President:

Lawrence COLLINS (British) - Appointed by the Parties
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
King & Spalding, Paris, France
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 29, 2022 - The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

November 14, 2022

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
King & Spalding, Paris, France
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 8, 2023 -
The Tribunal issues its decision on the Respondent’s request for a supplementary decision.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 14, 2023 (Claimant(s))
Date of Constitution of ad hoc Committee:

October 16, 2023

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

President:

Dominique HASCHER (French)
Members:

Fernando CANTUARIAS SALAVERRY (Peruvian)
Yannick RADI (French)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
King & Spalding, Paris, France
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

October 16, 2023 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Fernando Cantuarias Salaverry (Peruvian); and Yannick Radi (French); all members appointed by the Chairman of the Administrative Council.

(d) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 14, 2023 (Respondent(s))
Date of Constitution of Tribunal:

October 16, 2023

Composition of Tribunal

President:

Dominique HASCHER (French)
Arbitrators:

Fernando CANTUARIAS SALAVERRY (Peruvian)
Yannick RADI (French)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
King & Spalding, Paris, France
Respondent(s):

Abogacía General del Estado, the Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

October 16, 2023 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Fernando Cantuarias Salaverry (Peruvian); and Yannick Radi (French); all members appointed by the Chairman of the Administrative Council.

(a) Supplementary Decision Proceeding

Published Decisions

Decision on the Kingdom of Spain’s Request for Reconsideration (English;)

Procedural Order No. 6: Second Decision on Reconsideration (English;)

(a) Original Proceeding

Date	Development
August 4, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
October 28, 2015	Following appointment by the Claimant, David Haigh (Canadian) accepts his appointment as arbitrator.
November 14, 2015	Following appointment by the Respondent, Daniel Bethlehem (British) accepts his appointment as arbitrator.
January 22, 2016	Following appointment by the parties, Lawrence Collins (British) accepts his appointment as presiding arbitrator.
March 18, 2016	The Tribunal holds a first session by telephone conference.
April 18, 2016	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
May 5, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 6, 2016	Each party files observations on the non-disputing party’s application.
May 20, 2016	The Tribunal issues Procedural Order No. 2 on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 25, 2016	The Claimant files a memorial on the merits.
October 28, 2016	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
November 25, 2016	Each party files a request for the Tribunal to decide on production of documents.
January 13, 2017	The Tribunal rules on the parties’ document production requests.
January 17, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
January 30, 2017	The Claimant files observations on the non-disputing party’s application.
January 31, 2017	The Respondent files observations on the non-disputing party’s application.
February 21, 2017	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application.
March 28, 2017	The Claimant files a reply memorial on the merits and a counter-memorial on jurisdiction.
April 28, 2017	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
June 2, 2017	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
July 7, 2017	The Claimant files a rejoinder on jurisdiction and its observations on the non-disputing party’s written submission.
February 1, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 2, 2018	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 12, 2018 - March 16, 2018	The Tribunal holds a hearing on jurisdiction and the merits in London.
May 16, 2018	The non-disputing party files a communication regarding its written submission of April 28, 2017.
May 28, 2018	Each Party files observations on the non-disputing party’s communication of May 16, 2018.
June 12, 2018	The Tribunal issues a decision concerning the non-disputing party’s communication of May 16, 2018.
June 22, 2018	The non-disputing party files a written submission updating its written submission of April 28, 2017.
June 28, 2018	The Tribunal holds a videoconference in continuation of the hearing.
September 18, 2018	Each party files a post-hearing brief.
January 25, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
February 4, 2019	The Claimant files observations on the Respondent’s request for the Tribunal to decide on the admissibility of a new document.
February 4, 2019	The Claimant files observations on the Respondent’s request of January 25, 2019, and files a request for the Tribunal to decide on the admissibility of a new document.
February 12, 2019	The Tribunal decides on the Respondent’s request of January 28 and on the Claimant’s request of February 4, 2019.
December 4, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
December 10, 2019	The Claimant files observations on the Respondent’s request of December 4, 2019, and files a request for the Tribunal to decide on the admissibility of new documents.
January 10, 2020	The Respondent files observations on the Claimant’s request of December 10, 2019.
January 22, 2020	The Tribunal decides on the Respondent’s request of December 4 and on the Claimant’s request of December 10, 2019 .
August 31, 2020	The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a dissenting opinion by arbitrator David Haigh.
January 18, 2021	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 20, 2021	The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 5 dated January 18, 2021.
January 29, 2021	The Claimant files observations on the Respondent’s request of January 20, 2021.
February 12, 2021	The Claimant files a witness statement on quantum.
February 26, 2021	The Respondent files a witness statement on quantum in response to the Claimant’s filing of February 12, 2021.
April 9, 2021	The Claimant files a reply witness statement on quantum.
April 22, 2021	The Respondent files a rebuttal witness statement on quantum.
April 29, 2021	The parties file a Joint Memorandum and Joint Model prepared by both parties’ experts on quantum.
April 29, 2021	The Respondent files an Addendum to the Joint Memorandum prepared by both parties’ experts on quantum.
October 4, 2021	The Respondent files a request for reconsideration of the Tribunal’s decision of August 31, 2020.
October 27, 2021	The Claimant files observations on the Respondent’s request of October 4, 2021.
January 10, 2022	The Tribunal issues a decision concerning the Respondent’s request for reconsideration of the Tribunal’s decision of August 31, 2020.
April 4, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 13, 2022	Each party files a statement of costs.
June 24, 2022	The Respondent files a request for reconsideration of the Tribunal’s decisions of August 31, 2020 and January 10, 2022.
June 28, 2022	The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2); for the Tribunal to decide on the admissibility of new evidence; and for the reconsideration of the Tribunal’s decisions of August 31, 2020 and January 10, 2022.
July 8, 2022	The Claimant files observations on the Respondent’s request of 28 June 2022.
July 14, 2022	The Tribunal extends the period to draw up and sign the award by 60 days in accordance with ICSID Arbitration Rule 46.
September 7, 2022	The Tribunal issues a decision concerning the Respondent’s request of June 28, 2022 to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2); for the Tribunal to decide on the admissibility of new evidence; and for the reconsideration of the Tribunal’s decisions of August 31, 2020 and January 10, 2022.
September 15, 2022	The Claimant files an updated statement of costs.
September 29, 2022	The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Date	Development
November 14, 2022	The Acting Secretary-General registers a request for supplementary decision on the award filed by the Kingdom of Spain.
November 28, 2022	The Claimant files observations on the Respondent’s request for supplementary decision.
December 7, 2022	The Respondent files a response on the Claimant’s observations of November 28, 2022.
December 16, 2022	The Claimant files a response on the Respondent’s observations of December 7, 2022.
February 7, 2023	Each party files a submission on costs.
March 8, 2023	The Tribunal issues its decision on the Respondent’s request for a supplementary decision.

(c) Annulment Proceeding

Date	Development
July 14, 2023	The Acting Secretary-General registers an application for annulment of the award filed by Cavalum SGPS, S.A.
October 16, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Fernando Cantuarias Salaverry (Peruvian); and Yannick Radi (French); all members appointed by the Chairman of the Administrative Council.

(d) Second Annulment Proceeding

Date	Development
July 14, 2023	The Acting 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.
October 16, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Fernando Cantuarias Salaverry (Peruvian); and Yannick Radi (French); all members appointed by the Chairman of the Administrative Council.