Case Details
Sun-Flower Olmeda GmbH & Co KG and others v. Kingdom of Spain (ICSID Case No. ARB/16/17)
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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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Sun-Flower Olmeda GmbH & Co KG (German), Aharon Naftali Biram (German), Redmill Holdings Ltd (British), Gilatz Spain SL (Spanish)
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Kingdom of Spain (Spanish)
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June 28, 2016
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September 21, 2016
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Christopher GREENWOOD (British) - Appointed by the Parties
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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
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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)
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Freshfields Bruckhaus Deringer, Paris, France
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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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Concluded
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June 22, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marcelo Kohen.
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Respondent(s)
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October 25, 2021
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December 13, 2021
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Dyalá JIMÉNEZ FIGUERES (Costa Rican)
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Freshfields Bruckhaus Deringer, Paris, France
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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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Concluded
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November 13, 2023 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Initial 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 the Continuation of the Stay of Enforcement of the Award (English;)
(a) Original Proceeding
Date | Development |
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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. |
April 1, 2021 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 22, 2021 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marcelo Kohen. |
(b) Annulment Proceeding
Date | Development |
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October 25, 2021 | 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. |
December 13, 2021 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dyalá Jiménez (Costa Rican), President; Fausto de Quadros (Portuguese); and Mélanie Riofrio Piché (Canadian/Ecuadorian); all members appointed by the Chairman of the Administrative Council. |
February 4, 2022 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
February 21, 2022 | The ad hoc Committee holds a first session by video conference. |
February 24, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
March 4, 2022 | Sun-Flower Olmeda GmbH & Co KG and others file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
March 18, 2022 | The Kingdom of Spain files a reply on their request to continue the stay of enforcement of the award. |
March 29, 2022 | The Kingdom of Spain files a request for the Tribunal to decide on the admissibility of new evidence. |
April 1, 2022 | Sun-Flower Olmeda GmbH & Co KG and others file a rejoinder on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
April 1, 2022 | Sun-Flower Olmeda GmbH & Co KG and others file observations on the Kingdom of Spain’s request of March 29, 2022. |
April 8, 2022 | The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of evidence. |
April 29, 2022 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
May 6, 2022 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 20, 2022 | Each party files observations on the non-disputing party’s application. |
May 20, 2022 | The Kingdom of Spain files a memorial on annulment. |
June 24, 2022 | The ad hoc Committee issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
August 19, 2022 | Sun-Flower Olmeda GmbH & Co KG and others file a counter-memorial on annulment. |
August 22, 2022 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 19, 2022 | The Kingdom of Spain files a reply on annulment. |
December 19, 2022 | Sun-Flower Olmeda GmbH & Co KG and others file a rejoinder on annulment. |
December 20, 2022 | The Kingdom of Spain files a request for the ad hoc Committee to decide on the admissibility of new documents. |
January 3, 2023 | Sun-Flower Olmeda GmbH & Co KG and others file observations on the Kingdom of Spain’s request of December 20, 2022. |
January 17, 2023 | The ad hoc Committee issues Procedural Order No. 5 concerning the admissibility of new documents. |
January 25, 2023 | The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference. |
January 27, 2023 | The ad hoc Committee issues Procedural Order No. 4 concerning the organization of the hearing. |
March 7, 2023 | The ad hoc Committee holds a hearing on annulment by video conference. |
April 10, 2023 | The Kingdom of Spain files a submission on costs. |
April 11, 2023 | Sun-Flower Olmeda GmbH & Co KG and others file a submission on costs. |
September 22, 2023 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53. |
November 13, 2023 | The ad hoc Committee issues its decision on annulment. |