Case Details
Hydro Energy 1 S.à r.l. and Hydroxana Sweden AB v. Kingdom of Spain (ICSID Case No. ARB/15/42)
-
Renewable energy generation enterprise
-
Electric Power & Other Energy
-
ECT (Energy Charter Treaty)
-
ICSID Convention - Arbitration Rules
-
Hydroxana Sweden AB (Swedish), Hydro Energy 1 S.à r.l. (Luxembourg)
-
Kingdom of Spain (Spanish)
-
October 19, 2015
-
May 3, 2016
-
Lawrence COLLINS (British) - Appointed by the Parties
-
Peter REES (British) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s) -
Three Crowns, London, U.K.
Gómez-Acebo & Pombo, Madrid, Spain -
Abogacía General del Estado, the Ministry of Justice of the Government of Spain
-
English,Spanish
-
Concluded
-
August 5, 2020 - The Tribunal renders its award.
-
Respondent(s)
-
October 6, 2020 (Respondent(s))
-
December 14, 2020
-
Wendy J. MILES (New Zealand)
-
-
Gibson, Dunn & Crutcher, London, U.K.
-
Abogacía General del Estado, the Ministry of Justice of the Government of Spain
-
English,Spanish
-
Concluded
-
March 20, 2023 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Jurisdiction, Liability and Directions on Quantum (March 9, 2020)
Award of the Tribunal (August 5, 2020)
(b) Annulment Proceeding
Published Decisions
Procedural Order No. 4
Available on the ICSID Website
Procedural Order No. 4 (September 20, 2021) English (Original)
(a) Original Proceeding
Date | Development |
---|---|
October 19, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 18, 2016 | Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator. |
January 22, 2016 | Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator. |
May 3, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lawrence Collins (British), President, appointed by agreement of the parties; Peter Rees (British), appointed by the Claimants; and Rolf Knieper (German), appointed by the Respondent. |
May 3, 2016 | Following appointment by agreement of the parties, Lawrence Collins (British) accepts his appointment as presiding arbitrator. |
June 27, 2016 | The Tribunal holds a first session by telephone conference. |
July 12, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 4, 2016 | The Claimants file a memorial on the merits. |
February 24, 2017 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
April 3, 2017 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
May 4, 2017 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
May 16, 2017 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
September 5, 2017 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
October 9, 2017 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
February 19, 2018 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
March 6, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
March 9, 2018 | The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
March 12, 2018 | The Claimants file a rejoinder on jurisdiction. |
March 16, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 23, 2018 | The Claimants file observations on the Respondent's request of March 16, 2018. |
March 26, 2018 | The Tribunal decides on the Respondent’s request of March 16, 2018. |
April 2, 2018 - April 5, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
May 23, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of a new document. |
May 30, 2018 | The Respondent files observations on the Claimants’ request of May 23, 2018. |
May 31, 2018 | Each party files a post-hearing brief. |
June 25, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of a new document. |
September 5, 2018 | The Claimants file a request for the Tribunal to decide on the admissibility of a new document. |
September 11, 2018 | The Respondent files observations on the Claimants’ request of September 5, 2018, and files a request for the Tribunal to decide on the admissibility of a new document. |
September 17, 2018 | The Claimants file observations on the Respondent’s request of September 11, 2018. |
September 17, 2018 | The Tribunal decides on the Claimants’ request of September 5, 2018 and on the Respondent’s request of September 11, 2018. |
October 16, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
November 7, 2018 | Each party files observations on the non-disputing party’s application. |
November 19, 2018 | The Tribunal issues a decision on the non-disputing party’s application of October 16, 2018. |
December 3, 2018 | A non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
December 18, 2018 | Each party files observations on the non-disputing party’s written submission pursuant to ICSID Arbitration Rule 37(2). |
January 28, 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 28, 2019. |
February 5, 2019 | The Tribunal decides on the Respondent’s request of January 28, 2019. |
February 12, 2019 | The Respondent files observations on a new document. |
February 19, 2019 | The Claimants file observations on a new document. |
March 14, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
March 18, 2019 | The Claimants file observations on the Respondent’s request of March 14, 2019. |
March 19, 2019 | The Tribunal decides on the admissibility of a new document. |
April 1, 2019 | The Respondent files observations on a new document. |
April 12, 2019 | The Claimants file observations on a new document. |
April 17, 2019 | The Respondent files a statement of costs. |
April 18, 2019 | The Claimants file a statement of costs. |
May 10, 2019 | The Respondent files observations on Claimants’ statement of costs of April 18, 2019. |
December 4, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
December 6, 2019 | The Claimants file observations on the Respondent’s request of December 4, 2019. |
December 9, 2019 | The Tribunal decides on the admissibility of new evidence. |
December 20, 2019 | The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
January 14, 2020 | The Claimants file observations on the proposal for disqualification. |
January 20, 2020 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
February 17, 2020 | The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
March 9, 2020 | The Tribunal issues a decision on jurisdiction, liability and directions on quantum. |
May 22, 2020 | The parties file a joint memorandum by their respective experts identifying areas of agreement and disagreement on issues of quantum. |
June 17, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
June 22, 2020 | The Claimants file observations on the Respondent’s request of June 17, 2020. |
June 23, 2020 | The Tribunal decides on the admissibility of a new document. |
July 22, 2020 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
August 5, 2020 | The Tribunal renders its award. |