Case Details

Sun-Flower Olmeda GmbH & Co KG and others v. Kingdom of Spain (ICSID Case No. ARB/16/17)

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):

Sun-Flower Olmeda GmbH (German), Mr. Aharon Naftali Biram (German), Redmill Holdings Ltd (British), Gilatz Spain SL (Spanish)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

June 28, 2016
Date of Constitution of Tribunal:

September 21, 2016

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Parties
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Piero BERNARDINI (Italian) - Appointed by the Respondent(s)
Reconstituted:

November 1, 2017: Marcelo G. KOHEN (Argentine) appointed following the resignation of Piero BERNARDINI (Italian)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Paris, France
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:

June 22, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Marcelo Kohen.

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.
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.