Case Details

Landesbank Baden-Württemberg and others v. Kingdom of Spain (ICSID Case No. ARB/15/45)

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):

HSH Nordbank AG (German), Landesbank Baden-Württemberg (German), Landesbank Hessen-Thüringen Gironzentrale (German), Norddeutsche Landesbank-Girozentrale (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

November 12, 2015
Date of Constitution of Tribunal:

June 7, 2016

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Secretary-General
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Thomas CLAY (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Secretary-General
Arbitrators:

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by the Respondent(s)
Reconstituted:

March 17, 2021: Thomas CLAY (French) appointed following the resignation of Rodrigo OREAMUNO (Costa Rican)

Party Representatives

Claimant(s):

Aurelius Cotta - Konrad Pika Trippel Partnerschaft von Rechtsanwälten mbB, Frankfurt, Germany
Respondent(s):

Abogacía General del Estado, Ministry of Justice of the Government of Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

August 12, 2024 - The Claimants file observations on the Respondent’s request of July 26, 2024.

(a) Original Proceeding

Published Decisions

Decision on the Respondent’s Second Proposal to Disqualify all the members of the Tribunal

Available on the ICSID Website

Decision on the Respondent’s Second Proposal to Disqualify all the members of the Tribunal (December 15, 2020) English (Original)

(a) Original Proceeding

Date	Development
November 12, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
January 15, 2016	Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.
February 2, 2016	Following appointment by the Respondent, Rodrigo Oreamuno (Costa Rican) accepts his appointment as arbitrator.
June 7, 2016	Following appointment by the Secretary-General, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
June 7, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by the Secretary-General pursuant to the parties’ agreement; Charles Poncet (Swiss), appointed by the Claimants; and Rodrigo Oreamuno (Costa Rican), appointed by the Respondent.
July 1, 2016	The Tribunal holds a first session by telephone conference.
July 26, 2016	The President of the Tribunal holds a preliminary procedural consultation with the parties.
August 12, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 16, 2017	The Claimants file a memorial on the merits.
June 5, 2017	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar and production of documents.
July 25, 2017	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar and production of documents.
September 8, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
September 8, 2017	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar and production of documents.
September 22, 2017	The Claimants file observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
October 6, 2017	The Respondent files reply observations on the request to address the objections to jurisdiction as a preliminary question.
October 13, 2017	The Claimants file rejoinder observations on the request to address the objections to jurisdiction as a preliminary question.
November 6, 2017	The Tribunal issues Procedural Order No. 5 on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
November 26, 2017	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
December 12, 2017	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
December 15, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
March 28, 2018	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 3, 2018	The Tribunal issues Procedural Order No. 8 concerning production of documents.
May 29, 2018	The Tribunal issues Procedural Order No. 9 concerning production of documents.
June 15, 2018	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
June 18, 2018	The Tribunal issues Procedural Order No. 11 concerning production of documents.
July 24, 2018	The Tribunal issues Procedural Order No. 12 concerning production of documents.
September 21, 2018	The Tribunal issues Procedural Order No. 13 concerning production of documents and other procedural matters.
October 16, 2018	The Tribunal issues Procedural Order No. 14 concerning the procedural calendar.
October 24, 2018	The Respondent files a submission on an objection to jurisdiction.
October 31, 2018	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
November 7, 2018	The Claimants file observations on the non-disputing party’s application.
November 8, 2018	The Respondent files observations on the non-disputing party’s application.
November 12, 2018	The Tribunal issues Procedural Order No. 15 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 26, 2018	The Claimants file a response submission on an objection to jurisdiction.
December 5, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 5, 2018	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 5, 2018	The Tribunal issues Procedural Order No. 16 concerning the organization of the hearing and the admissibility of new evidence.
December 12, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
December 13, 2018	The Respondent files observations on the Claimants’ request of December 12, 2018.
December 14, 2018	The Tribunal decides on the admissibility of new evidence.
December 20, 2018	The Tribunal holds a hearing on jurisdiction in London.
January 18, 2019	Each party files a statement of costs.
January 25, 2019	Each party files a reply statement of costs.
February 25, 2019	The Tribunal issues a decision on an objection to jurisdiction.
February 26, 2019	The Tribunal issues Procedural Order No. 17 concerning procedural matters.
April 2, 2019	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
April 12, 2019	Each Party files observations on the non-disputing party’s application.
April 15, 2019	The Tribunal issues Procedural Order No. 18 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 30, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
May 20, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 5, 2019	The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
September 9, 2019	The Claimants file observations on the proposal for disqualification.
September 12, 2019	Each member of the Tribunal furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 19, 2019	The parties file additional observations on the proposal for disqualification.
October 8, 2019	The proposal for disqualification of Christopher Greenwood, Charles Poncet and Rodrigo Oreamuno is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
October 22, 2019	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
December 24, 2019	The Claimants file a request for the Tribunal to decide on the admissibility of a new document.
January 7, 2020	The Respondent files observations on the Claimants’ request of December 24, 2019.
January 9, 2020	The Tribunal decides on the admissibility of a new document.
February 5, 2020	The Claimants file an updated expert report.
February 21, 2020	The Claimants file a rejoinder on jurisdiction.
March 2, 2020	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 4, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
March 5, 2020	The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing.
March 6, 2020	The Claimants file observations on the Respondent’s request of March 4, 2020.
March 10, 2020	The Tribunal decides on the admissibility of new documents.
March 11, 2020	The Respondent files an updated expert report.
July 21, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
July 28, 2020	The Tribunal issues Procedural Order No. 20 concerning the organization of the hearing and other procedural matters.
August 12, 2020	The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 12, 2020	The Claimants file observations on the proposal for disqualification.
August 13, 2020	The three members of the Tribunal furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 20, 2020	The Respondent files additional observations on the proposal for disqualification.
August 21, 2020	Two members of the Tribunal furnish additional explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 24, 2020	The Respondent files additional observations on the proposal for disqualification.
August 25, 2020	Two members of the Tribunal furnish additional explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
August 26, 2020	The Claimants file additional observations on the proposal for disqualification.
August 28, 2020	An arbitrator furnishes further explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 2, 2020	An arbitrator furnishes further explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 2, 2020	The Claimants file additional observations on the proposal for disqualification.
September 3, 2020	The Respondent files additional observations on the proposal for disqualification.
December 15, 2020	The proposal for disqualification of Christopher Greenwood, Charles Poncet and Rodrigo Oreamuno is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
January 15, 2021	The Claimants file a request for the bifurcation of the proceeding.
January 27, 2021	The Respondent files observations on the Claimants’ request of January 15, 2021.
January 29, 2021	The Claimants file further observations on the Claimants’ request of January 15, 2021.
February 3, 2021	The Respondent files further observations on the Claimants’ request of January 15, 2021.
February 8, 2021	Following the resignation of arbitrator Rodrigo Oreamuno, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
March 17, 2021	Following the resignation of Rodrigo Oreamuno, Thomas Clay (French) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
March 17, 2021	The Tribunal is reconstituted. Its members are: Christopher Greenwood (British), President, appointed by the Secretary-General pursuant to the parties’ agreement; Charles Poncet (Swiss), appointed by the Claimants; and Thomas Clay (French), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
August 3, 2021	The Tribunal issues Procedural Order No. 21 concerning the organization of the hearing.
September 10, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
September 13, 2021	The Claimants file observations on the Respondent’s request of September 10, 2021.
September 15, 2021	The Tribunal decides on the admissibility of a new document.
October 1, 2021	The Respondent files a request for reconsideration of the Tribunal's Decision of February 25, 2019.
October 18, 2021	The Claimants file observations on the Respondent’s request of October 1, 2021.
November 11, 2021	The Tribunal decides on the Respondent’s request of October 1, 2021.
March 25, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
March 29, 2022	The Tribunal issues Procedural Order No. 22 concerning the organization of the hearing.
March 29, 2022	The Claimants file observations on the Respondent’s request of March 25, 2022.
March 31, 2022	The Tribunal decides on the Respondent’s request of March 25, 2022.
April 4, 2022 - April 8, 2022	The Tribunal holds a hearing on jurisdiction, the merits and quantum by video conference.
August 1, 2022	Each party files a post-hearing brief.
December 9, 2022	Each party files a reply post-hearing brief.
December 27, 2022	The Respondent files a request for reconsideration of the Tribunal's Decision of November 11, 2021.
January 3, 2023	The Claimants file rejoinder observations on the Respondent’s request of December 27, 2022.
January 16, 2023	The Claimants file observations on the Respondent’s request of December 27, 2022.
January 27, 2023	The Respondent files reply observations on its request of December 27, 2022.
February 3, 2023	The Claimants file rejoinder observations on the Respondent’s request of December 27, 2022.
February 15, 2023	The Respondent files a submission on costs.
February 17, 2023	The Claimants file a submission on costs.
February 22, 2023	The Tribunal decides on the Respondent’s request of December 27, 2022.
September 29, 2023	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
October 25, 2023	The Respondent files observations on the Claimants’ request of September 29, 2023.
November 1, 2023	The Claimant files reply observations on the Claimants’ request of September 29, 2023.
November 8, 2023	The Respondent files rejoinder observations on the Claimants’ request of September 29, 2023.
March 25, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
April 24, 2024	The Claimants file observations on the Respondent’s request of March 25, 2024.
April 26, 2024	The Tribunal decides on the Respondent’s request of March 25, 2024.
July 26, 2024	The Respondent files a request for reconsideration of the Tribunal's Decision of February 25, 2019.
August 12, 2024	The Claimants file observations on the Respondent’s request of July 26, 2024.