Case Details

Watkins Holdings S.à r.l. and others v. Kingdom of Spain (ICSID Case No. ARB/15/44)

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):

Watkins (Ned) B.V. (Dutch), Watkins Spain, S.L. (Spanish), Watkins Holdings S.à r.l. (Luxembourg), Parque Eólico La Boga, S.L. (Spanish), Northsea Spain S.L. (Spanish), Parque Eólico Marmellar, S.L. (Spanish), Redpier, S.L. (Spanish)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

November 4, 2015
Date of Constitution of Tribunal:

March 31, 2016

Composition of Tribunal

President:

Cecil W.M. ABRAHAM (Malaysian) - Appointed by the Parties
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

January 21, 2020 - The Tribunal renders its award. Attached to the award is a dissenting opinion by arbitrator Hélène Ruiz Fabri.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 11, 2020 (Respondent(s))

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

July 13, 2020 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 31, 2020 (Respondent(s))
Date of Constitution of ad hoc Committee:

January 14, 2021

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

President:

Lawrence BOO (Singaporean)
Members:

Olufunke ADEKOYA (British, Nigerian)
Dyalá JIMÉNEZ FIGUERES (Costa Rican)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

February 21, 2023 - The ad hoc Committee issues its decision on annulment.

(d) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

May 23, 2023 (Respondent(s))
Date of Constitution of Tribunal:

August 17, 2023

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Secretary-General
Arbitrators:

Elizabeth GLOSTER (British) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

January 22, 2024 - The Tribunal issues a decision on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).

(a) Original Proceeding

Published Decisions

Dissent on Liability and Quantum of Prof. Dr. Hélène Ruiz Fabri (January 9, 2020)

Award of the Tribunal (January 21, 2020)

(b) Rectification Proceeding

Published Decisions

Decision on Span’s Request for Rectification of the Award (July 13, 2020)

(a) Original Proceeding

Date	Development
November 4, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
December 8, 2015	Following appointment by the Claimants, Michael Pryles (Australian) accepts his appointment as arbitrator.
December 15, 2015	Following appointment by the Respondent, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
March 31, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Cecil W.M. Abraham (Malaysian), President, appointed by the Acting Secretary-General pursuant to the parties’ agreement; Michael C. Pryles (Australian) appointed by the Claimants; and Hélène Ruiz Fabri (French), appointed by the Respondent.
March 31, 2016	Following appointment by agreement of the parties, Cecil W.M. Abraham (Malaysian) accepts his appointment as presiding arbitrator.
May 23, 2016	The Tribunal holds a first session by telephone conference.
May 26, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 14, 2016	The Claimants file a memorial on the merits.
January 16, 2017	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
February 2, 2017	Each party files observations on the non-disputing party’s application.
February 10, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
March 21, 2017	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).
March 23, 2017	A non-disputing party files a request for reconsideration of the Tribunal’s Procedural Order No. 2
April 7, 2017	The Claimants file observations on the non-disputing party’s request of March 23, 2017.
April 10, 2017	The Respondent files observations on the non-disputing party’s request of March 23, 2017.
April 27, 2017	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s request of March 23, 2017.
April 28, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 16, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 15, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
September 28, 2017	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
January 9, 2018	The Respondent files a rejoinder on the merits and reply on jurisdiction.
March 7, 2018	The Claimants file a rejoinder on jurisdiction.
April 23, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
April 24, 2018	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
May 21, 2018 - May 24, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
September 7, 2018	Each party files a post-hearing brief.
October 31, 2018	Each party files a reply post-hearing brief.
November 30, 2018	The Claimants file a submission on costs.
January 16, 2019	The Respondent files a submission on costs.
December 18, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 21, 2020	The Tribunal renders its award. Attached to the award is a dissenting opinion by arbitrator Hélène Ruiz Fabri.

(b) Rectification Proceeding

Date	Development
March 11, 2020	The Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain.
April 13, 2020	Watkins Holding S.À.R.L, Watkins (NED) B.V., Watkins Spain S.L., Redpier S.L., Northsea Spain S. L, Parque Eólico Marmellar S.L., and Parque Eólico La Boga S.L. file observations on the Respondent’s request of March 6, 2020.
May 13, 2020	The Kingdom of Spain files a Reply on the Claimants’ observations of April 13, 2020.
May 13, 2020	The Kingdom of Spain files a submission on costs.
May 27, 2020	Watkins Holding S.À.R.L, Watkins (NED) B.V., Watkins Spain S.L., Redpier S.L., Northsea Spain S. L, Parque Eólico Marmellar S.L., and Parque Eólico La Boga S.L. file a rejoinder to Spain’s request for rectification of the award.
May 27, 2020	Watkins Holding S.À.R.L, Watkins (NED) B.V., Watkins Spain S.L., Redpier S.L., Northsea Spain S. L, Parque Eólico Marmellar S.L., and Parque Eólico La Boga S.L. file a submission on costs.
July 13, 2020	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
July 31, 2020	The 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.
January 14, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President; Olufunke Adekoya (British and Nigerian); and Dyalá Jiménez Figueres (Costa Rican); all members appointed by the Chairman of the Administrative Council.
January 21, 2021	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 5, 2021	Each party files observations on the non-disputing party’s application.
February 18, 2021	The Kingdom of Spain files a request to continue the stay of enforcement of the award.
February 22, 2021	The ad hoc Committee holds a first session by videoconference.
February 26, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 4, 2021	Watkins Holdings S.à r.l. and others file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award.
March 18, 2021	The Kingdom of Spain files a response on Watkins Holdings S.à r.l. and others’ observations of March 4, 2021.
April 5, 2021	Watkins Holdings S.à r.l. and others file further observations on the Kingdom of Spain’s response of March 18, 2021.
April 26, 2021	The ad hoc Committee issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 28, 2021	The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
May 7, 2021	The Kingdom of Spain files a Memorial on Annulment.
May 17, 2021	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
June 28, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
June 28, 2021	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
July 9, 2021	Watkins Holdings S.à r.l. and others file a counter-memorial on annulment.
September 24, 2021	The Kingdom of Spain files a Reply on Annulment.
November 19, 2021	Watkins Holdings S.à r.l. and others file a rejoinder on annulment.
January 2, 2022	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
January 21, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
February 3, 2022 - February 4, 2022	The ad hoc Committee holds a hearing on annulment by video conference.
March 4, 2022	Each Party files a submission on costs.
June 21, 2022	The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents.
June 30, 2022	Watkins Holdings S.à r.l. and others file observations on the Kingdom of Spain’s request of June 21, 2022.
July 27, 2022	The ad hoc Committee decides on the admissibility of new documents.
December 9, 2022	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
February 21, 2023	The ad hoc Committee issues its decision on annulment.

(d) Revision Proceeding

Date	Development
May 23, 2023	The Secretary-General registers an application for revision of the award filed by the Kingdom of Spain.
June 13, 2023	Following appointment by the Respondent, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
June 22, 2023	Following appointment by the Claimants, Elizabeth Gloster (British) accepts her appointment as arbitrator.
August 17, 2023	The Tribunal is constituted in accordance with ICSID Arbitration Rule 51(3). Its members are: Pierre Tercier (Swiss), President, appointed by the Secretary-General pursuant to the parties’ agreement; Elisabeth Gloster, (British), appointed by the Claimants; and Hélène Ruiz Fabri (French), appointed by the Respondent.
August 17, 2023	The Claimants file preliminary objections pursuant to ICSID Arbitration Rule 41 (5).
August 23, 2023	The Tribunal holds a first session by videoconference.
September 20, 2023	The Respondent files observations on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).
September 22, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 6, 2023	The Claimants file a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 16, 2023	The Respondent files a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 27, 2023	The Tribunal holds a hearing on preliminary objections by video conference.
November 3, 2023	Each party files a statement of costs.
January 22, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
January 22, 2024	The Tribunal issues a decision on the Claimants’ preliminary objections pursuant to ICSID Arbitration Rule 41(5).