Case Details
E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH v. Kingdom of Spain (ICSID Case No. ARB/15/35)
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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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E.ON SE (German), E.ON Iberia Holding GmbH (German), E.ON Finanzanlagen GmbH (German)
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Kingdom of Spain (Spanish)
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August 10, 2015
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January 21, 2016
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Mark A. KANTOR (U.S.) - Appointed by the Parties
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Andrés JANA LINETZKY (Chilean) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s) -
Mark A. KANTOR (U.S.) - Appointed by the Parties
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Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s) -
November 20, 2018: Andrés JANA LINETZKY (Chilean) appointed following the passing away of Francisco ORREGO VICUÑA (Chilean)
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Luther Rechtsanwaltsgesellschaft mbH, Hamburg, Germany
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Abogacía General del Estado, the Ministry of Justice of the Government of Spain
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English,Spanish
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Concluded
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January 18, 2024 - The Tribunal renders its award.
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May 23, 2024
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July 16, 2024
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Colm Ó HOISÍN (Irish)
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Luther Rechtsanwaltsgesellschaft mbH, Hamburg, Germany
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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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December 2, 2024 - The ad hoc Committee decides on the Kingdom of Spain’s request of October 30, 2024.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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August 10, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 21, 2015 | Following appointment by the Claimants, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator. |
November 12, 2015 | Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator. |
January 21, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Mark Kantor (U.S.), President, appointed by agreement of the parties; Francisco Orrego Vicuña (Chilean), appointed by the Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by the Respondent. |
April 12, 2016 | The Tribunal holds a first session by video conference. |
April 18, 2016 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 25, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 5, 2016 | The Claimants file a memorial on the merits. |
September 9, 2016 | Each party files observations on the non-disputing party’s application. |
November 28, 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). |
December 7, 2016 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
January 24, 2017 | The Claimants file a request for the exclusion of evidence. |
February 1, 2017 | The Respondent files observations on the Claimant’s request for exclusion of evidence. |
February 9, 2017 | The Claimants file a response to the Respondent’s observations of February 1, 2017. |
February 14, 2017 | The Respondent files further observations on the Claimant’s response of February 9, 2017. |
February 15, 2017 | The Claimants file a further response to the Respondent’s observations of February 14, 2017. |
February 17, 2017 | The Respondent files a rejoinder on the request for exclusion of evidence. |
March 10, 2017 | The Tribunal issues Procedural Order No. 3 concerning the exclusion of evidence. |
May 1, 2017 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
August 25, 2017 | The Claimants' file a reply on the merits and counter-memorial on jurisdiction. |
August 30, 2017 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
December 3, 2017 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
December 15, 2017 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
February 9, 2018 | The Claimants file a request for the exclusion of evidence. |
February 26, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility and exclusion of evidence. |
February 26, 2018 | The Respondent files observations on the Claimants’ request for the exclusion of evidence. |
March 2, 2018 | The Claimants' file a rejoinder on jurisdiction. |
March 8, 2018 | The Claimants file observations on the Respondent’s request of February 26, 2018. |
March 9, 2018 | The Tribunal issues Procedural Order No. 6 concerning the admissibility and exclusion of evidence. |
March 22, 2018 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
March 29, 2018 | The Tribunal issues Procedural Order No. 7 concerning the exclusion of evidence. |
April 4, 2018 | The Tribunal issues Procedural Order No. 8 concerning the hearing schedule. |
April 9, 2018 | The Claimants file a response to the Respondent’s observations of February 26, 2018. |
April 13, 2018 | The Claimants file an additional expert report pursuant to Procedural Order No. 7. |
April 15, 2018 | The Claimants file an additional expert report pursuant to Procedural Order No. 1. |
April 16, 2018 | The Respondent files observations on Claimants’ additional report of April 15, 2018. |
April 17, 2018 | The Tribunal issues Procedural Order No. 9 concerning the Claimants’ additional report of April 15, 2018. |
April 22, 2018 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
April 26, 2018 | The Claimants file a request to clarify the prayer for relief in their reply on the merits and counter-memorial on jurisdiction of August 25, 2017. |
April 27, 2018 | The Respondent files observations on Claimants’ request of April 26, 2018. |
April 30, 2018 - May 5, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
May 2, 2018 | The Tribunal issues Procedural Order No. 11 concerning the Claimants’ request of April 26, 2018. |
May 16, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
May 29, 2018 | The Claimants file observations on the non-disputing party’s application of May 16, 2018. |
June 6, 2018 | The Tribunal issues a decision concerning the non-disputing party’s application of May 16, 2018. |
June 8, 2018 | The Tribunal issues Procedural Order No. 12 concerning production of documents. |
June 28, 2018 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 2, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
November 20, 2018 | Following the passing away of arbitrator Francisco Orrego Vicuña (Chilean), Andrés Jana Linetzky (Chilean) appointed by the Claimants, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1). |
November 20, 2018 | The Tribunal is reconstituted. Its members are Mark Kantor (U.S.), President, appointed by agreement of the parties; Andrés Jana Linetzky (Chilean), appointed by the Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
November 30, 2018 | The Tribunal issues Procedural Order No. 13 concerning procedural matters. |
December 21, 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 new evidence. |
January 29, 2019 | The Claimants file observations on the Respondent’s request of January 25, 2019. |
February 8, 2019 | The Claimants file further observations on the Respondent’s request of January 25, 2019. |
February 22, 2019 | The Respondent files a response to the Claimants’ observations of February 8, 2019. |
February 27, 2019 | The Claimants file observations to the Respondent’s response of February 22, 2019. |
March 11, 2019 | The Tribunal decides on the admissibility of new documents. |
March 12, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 19, 2019 | The Claimants file observations on the Respondent’s request of March 12, 2019 and a request for the Tribunal to decide on the admissibility of new documents. |
April 3, 2019 | The Tribunal decides on the admissibility of new documents. |
April 11, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
May 10, 2019 | The Respondent files its observations on a new document. |
May 13, 2019 | The Claimants file observations on Respondent’s observations of May 10, 2019 and request the admission of a new document. |
May 16, 2019 | The Respondent files observations on Claimant’s request of May 13, 2019. |
May 17, 2019 | The Claimants file observations on Respondent’s request of April 11, 2019. |
May 24, 2019 | The Tribunal decides on the admissibility of new documents and on procedural matters. |
June 14, 2019 | Each party files observations on the new documents. |
June 21, 2019 | The Claimants file a response to the Respondent’s observations of June 14, 2019. |
June 21, 2019 | The Respondent files a response to the Claimants’ response of June 21, 2019. |
June 22, 2019 | The Tribunal provides procedural instructions concerning the parties’ observations of June 21, 2019. |
June 28, 2019 | The Claimants file a reply on Respondent’s response of June 21, 2019. |
July 5, 2019 | The Respondent files a rejoinder on Claimants’ reply of June 28, 2019. |
September 6, 2019 | The Tribunal issues Procedural Order No. 14 concerning the admissibility of new documents. |
December 20, 2019 | Each party files a submission on costs. |
March 5, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 11, 2020 | The Claimants file observations on the Respondent’s request of March 5, 2020. |
March 13, 2020 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
April 13, 2020 | Each party files observations on the non-disputing party’s submission. |
May 20, 2020 | The Tribunal issues a decision concerning the non-disputing party’s application of March 13, 2020. |
June 17, 2020 | The Kingdom of Spain files a request for the Tribunal to decide on the admissibility of new evidence. |
June 23, 2020 | The Claimants file observations on the Respondent’s request of June 23, 2020. |
June 24, 2020 | The Tribunal decides on the admissibility of new evidence. |
October 19, 2020 | The Respondent file a request for the Tribunal to decide on the admissibility of new evidence. |
October 26, 2020 | The Claimants file observations on the Respondent’s request of October 19, 2020. |
November 10, 2020 | The Tribunal decides on the admissibility of new evidence. |
March 26, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 2, 2021 | The Claimants file observations on the Respondent’s request of March 26, 2021. |
April 14, 2021 | The Tribunal decides on the admissibility of new evidence. |
September 10, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
September 13, 2021 | The Claimants file observations on the Respondent’s request of September 10, 2021. |
September 14, 2021 | The Tribunal decides on the admissibility of new documents. |
May 11, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
May 18, 2022 | The Claimants file observations on the Respondent’s request of May 11, 2022. |
May 19, 2022 | The Tribunal decides on the admissibility of new evidence. |
June 22, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
June 23, 2022 | The Tribunal issues a decision on jurisdiction, liability and principles of quantum. |
July 1, 2022 | The Claimants file observations on the Respondent’s request of June 22, 2022. |
July 14, 2022 | The Tribunal decides on the admissibility of new evidence. |
December 16, 2022 | Each party files an expert report on quantum. |
February 10, 2023 | Each party files observations on the other party’s expert report on quantum. |
March 10, 2023 | Each party files a response to the other party’s observations of February 10, 2023. |
November 28, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 1, 2023 | The Respondent files a submission on costs. |
December 8, 2023 | The Claimants file a submission on costs. |
January 18, 2024 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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May 23, 2024 | 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. |
July 16, 2024 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are : Colm Ó hOisín (Irish), President, Olufunke Adekoya (British/Nigerian), and Pierre Bienvenu (Canadian), all members appointed by the Chairman of the Administrative Council. |
August 14, 2024 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
August 15, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
September 4, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
September 5, 2024 | The ad hoc Committee holds a first session by videoconference. |
September 13, 2024 | The Kingdom of Spain files observations on E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
September 18, 2024 | The Kingdom of Spain files a reply on the request to continue the stay of enforcement of the award. |
October 2, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH file a rejoinder on the request to continue the stay of enforcement of the award. |
October 4, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH file a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
October 7, 2024 | The ad hoc Committee issues Procedural order No. 1 concerning procedural matters. |
October 25, 2024 | The Kingdom of Spain files a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
October 30, 2024 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
November 5, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH file observations on the Kingdom of Spain’s request of October 30, 2024. |
November 6, 2024 | E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH file a request for the ad hoc Committee to decide on the admissibility of supporting documents. |
November 19, 2024 | The Kingdom of Spain files observations on E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH’s request of November 6, 2024. |
November 25, 2024 | The ad hoc Committee decides on the continuation of the stay of enforcement of the award (with reasons to follow). |
December 2, 2024 | The ad hoc Committee decides on the Kingdom of Spain’s request of October 30, 2024. |