Case Details
Cavalum SGPS, S.A. v. Kingdom of Spain (ICSID Case No. ARB/15/34)
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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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Cavalum SGPS, S.A. (Portuguese)
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Kingdom of Spain (Spanish)
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August 4, 2015
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January 22, 2016
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Lawrence COLLINS (British) - Appointed by the Parties
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David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Daniel BETHLEHEM (British) - Appointed by the Respondent(s) -
King & Spalding, Houston, TX, U.S.A.
King & Spalding, Paris, France -
Abogacía General del Estado, the Ministry of Justice of the Government of Spain
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English,Spanish
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Pending
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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.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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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. |