Case Details
Sun-Flower Olmeda GmbH & Co KG and others v. Kingdom of Spain (ICSID Case No. ARB/16/17)
-
Renewable energy generation enterprise
-
Electric Power & Other Energy
-
ECT (Energy Charter Treaty)
-
ICSID Convention - Arbitration Rules
-
Gilatz Spain SL (Spanish), Mr. Aharon Naftali Biram (German), Redmill Holdings Ltd (British), Sun-Flower Olmeda GmbH (German)
-
Kingdom of Spain (Spanish)
-
June 28, 2016
-
September 21, 2016
-
Christopher GREENWOOD (British) - Appointed by the Parties
-
O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s) -
Christopher GREENWOOD (British) - Appointed by the Parties
-
O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Piero BERNARDINI (Italian) - Appointed by the Respondent(s) -
November 1, 2017: Marcelo G. KOHEN (Argentine) appointed following the resignation of Piero BERNARDINI (Italian)
-
Freshfields Bruckhaus Deringer, Paris, France
-
Abogacía General del Estado, the Ministry of Justice of the Government of Spain
-
English,Spanish
-
Pending
-
October 14, 2020 -
The Tribunal decides on the admissibility of new documents.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
---|---|
June 28, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
August 10, 2016 | Following appointment by the Respondent, Piero Bernardini (Italian) accepts his appointment as arbitrator. |
August 12, 2016 | Following appointment by the Claimants, O. Thomas Johnson (U.S.) accepts his appointment as arbitrator. |
September 21, 2016 | Following appointment by agreement of the parties, Christopher Greenwood (British) accepts his appointment as presiding arbitrator. |
September 21, 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 agreement of the parties; O. Thomas Johnson (U.S.), appointed by the Claimants; and Piero Bernardini (Italian), appointed by the Respondent. |
November 22, 2016 | The Tribunal holds a first session by telephone conference. |
December 7, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 17, 2017 | The Claimants file a memorial on the merits. |
July 20, 2017 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
July 25, 2017 | The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
August 8, 2017 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
August 14, 2017 | The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question. |
August 22, 2017 | The Claimants file a rejoinder on the request to address the objections to jurisdiction as a preliminary question. |
September 22, 2017 | The Tribunal issues Procedural Order No. 3 concerning its decision to address the objections to jurisdiction as a preliminary question. |
September 28, 2017 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
October 6, 2017 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
October 16, 2017 | Following the resignation of arbitrator Piero Bernardini, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
October 16, 2017 | The Tribunal consents to the resignation of arbitrator Piero Bernardini pursuant to ICSID Arbitration Rule 8(2) and the Centre notifies the parties thereof. |
November 1, 2017 | Following the resignation of arbitrator Piero Bernardini, Marcelo Kohen (Argentine) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). |
November 1, 2017 | The Tribunal is reconstituted. Its members are: Christopher Greenwood (British), President, appointed by agreement of the parties; O. Thomas Johnson (U.S.), appointed by the Claimants; and Marcelo Kohen (Argentine), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
November 17, 2017 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
December 1, 2017 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
December 22, 2017 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
January 19, 2018 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
February 2, 2018 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
April 27, 2018 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
June 1, 2018 | The Claimants file a rejoinder on jurisdiction. |
July 3, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
July 5, 2018 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
July 20, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
July 23, 2018 | The Claimants file observations on the Respondent’s request of July 20, 2018. |
July 23, 2018 | The Tribunal decides on the Claimants’ request of July 20, 2018. |
July 30, 2018 - August 3, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
October 8, 2018 | Each party files a post-hearing brief. |
October 19, 2018 | Each party files a second post-hearing brief. |
November 5, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 13, 2018 | Each party files observations on the non-disputing party’s application. |
November 19, 2018 | The Tribunal issues Procedural Order No. 9 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). Attached to the procedural order is a statement of dissent by arbitrator Marcelo Kohen. |
November 26, 2018 | A non-disputing party files a request for reconsideration of Procedural Order No. 9. |
November 28, 2018 | Each party files observations on the non-disputing party’s request of November 26, 2018. |
November 30, 2018 | The Tribunal issues a decision on the non-disputing party’s request of November 26, 2018. |
January 28, 2019 | Each party files a submission on costs. |
February 15, 2019 | Each party files a second submission on costs. |
April 8, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 8, 2019 | The Claimants file observations on the Respondent’s request of April 8, 2019. |
April 8, 2019 | The Tribunal decides on the admissibility of new evidence. |
May 10, 2019 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
May 10, 2019 | The Tribunal decides on the admissibility of new evidence. |
December 3, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
December 4, 2019 | The Tribunal decides on the admissibility of new evidence. |
March 5, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 9, 2020 | The Claimants file observations on the Respondent’s request of March 5, 2020. |
March 11, 2020 | The Tribunal decides on the admissibility of new evidence. |
June 23, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
June 24, 2020 | The Claimants file observations on the Respondent’s request of June 23, 2020. |
June 24, 2020 | The Tribunal decides on the admissibility of a new document. |
October 9, 2020 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
October 9, 2020 | The Claimants file observations on the Respondent’s request of October 9, 2020. |
October 14, 2020 | The Tribunal decides on the admissibility of new documents. |