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 Finanzanlagen GmbH (German), E.ON Iberia Holding GmbH (German), E.ON SE (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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Pending
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March 10, 2023 - Each party files a response to the other party’s observations of February 10, 2023.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
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. |