Case Details
Infracapital F1 S.à r.l. and Infracapital Solar B.V. v. Kingdom of Spain (ICSID Case No. ARB/16/18)
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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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Infracapital Solar B.V. (Dutch), Infracapital F1 S.à r.l. (Luxembourg)
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Kingdom of Spain (Spanish)
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June 29, 2016
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October 24, 2017
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Eduardo SIQUEIROS T (Mexican) - Appointed by the Secretary-General
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Peter D. CAMERON (British) - Appointed by the Claimant(s)
Luis GONZÁLEZ GARCÍA (Mexican) - Appointed by the Respondent(s) -
Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Secretary-General
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Peter D. CAMERON (British) - Appointed by the Claimant(s)
Luis GONZÁLEZ GARCÍA (Mexican) - Appointed by the Respondent(s) -
October 24, 2019: Eduardo SIQUEIROS T (Mexican) appointed following the resignation of Jose Emilio NUNES PINTO (Brazilian)
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Gibson, Dunn & Crutcher, London, U.K.
Allen & Overy, Madrid, Spain -
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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May 2, 2023 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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June 29, 2016 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 6, 2016 | Following appointment by the Claimants, Peter D. Cameron (British) accepts his appointment as arbitrator. |
November 7, 2016 | Following appointment by the Respondent, Luis González García (Mexican) accepts his appointment as arbitrator. |
October 24, 2017 | Following appointment by the Secretary-General pursuant to the parties’ agreement, José Emilio Nunes Pinto (Brazilian) accepts his appointment as presiding arbitrator. |
October 24, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: José Emilio Nunes Pinto (Brazilian), President, appointed by the Secretary-General pursuant to the parties’ agreement, Peter D. Cameron (British), appointed by the Claimants; and Luis González García (Mexican), appointed by the Respondent. |
December 19, 2017 | The Tribunal holds a first session by telephone conference. |
December 27, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 29, 2018 | The Claimants file a memorial on the merits. |
July 9, 2018 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
September 27, 2018 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
October 22, 2018 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
November 5, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
November 14, 2018 | Each party files observations on the non-disputing party’s application. |
November 28, 2018 | The Tribunal decides on the non-disputing party’s application of November 5, 2018. |
November 29, 2018 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
February 14, 2019 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
April 25, 2019 | The Claimants file a rejoinder on jurisdiction. |
May 13, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
May 20, 2019 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
June 3, 2019 | The Claimants file a request for the exclusion of evidence. |
June 10, 2019 | The Respondent files observations on the Claimants’ request for the exclusion of evidence. |
June 18, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
June 18, 2019 | The Tribunal decides on the exclusion of evidence. |
June 19, 2019 | The Claimants file observations on the Respondent’s request of June 18, 2019. |
June 20, 2019 | The Tribunal decides on the admissibility of new evidence. |
June 20, 2019 | The Respondent files a response to the Claimants’ observations of June 19, 2019. |
June 24, 2019 - June 27, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
July 19, 2019 | The Claimants file a request for the exclusion of certain slides from the Respondent’s Opening Presentation. |
July 21, 2019 | The Respondent files observations on the Claimants’ request of July 19, 2019. |
August 13, 2019 | The Tribunal issues Procedural Order No. 4 concerning the Claimants’ request of July 19, 2019. |
August 20, 2019 | The Respondent files a request for the exclusion of evidence and further objections to jurisdiction. |
August 29, 2019 | The Claimants file observations on the Respondent’s request for the exclusion of evidence and further objections to jurisdiction. |
September 5, 2019 | The Tribunal issues Procedural Order No. 5 concerning exclusion of evidence and further objections to jurisdiction. |
September 12, 2019 | The Respondent files a proposal for disqualification of arbitrator José Emilio Nunes Pinto. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
September 13, 2019 | Following the resignation of arbitrator José Emilio Nunes Pinto, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is further suspended pursuant to ICSID Arbitration Rule 10(2). |
October 24, 2019 | Following the resignation of arbitrator José Emilio Nunes Pinto, Eduardo Siqueiros (Mexican) accepts his appointment as arbitrator, appointed by Secretary-General pursuant to the parties’ agreement. |
October 24, 2019 | The Tribunal is reconstituted. Its members are Eduardo Siqueiros (Mexican), President, appointed by the Secretary-General pursuant to the parties’ agreement; Peter D. Cameron (British), appointed by the Claimants; and Luis González García (Mexican), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
October 24, 2019 | The Respondent files a request for a new hearing. |
November 1, 2019 | The Claimants file observations on the Respondent’s request of October 24, 2019. |
November 14, 2019 | The Respondent files a response to the Claimants’ observations of November 1, 2019, including a request for the Tribunal to reconsider Procedural Order No. 5. |
November 21, 2019 | The Claimants file further observations on the Respondent’s response of November 14, 2019. |
December 11, 2019 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s pending requests. |
December 20, 2019 | The Respondent files a new objection to jurisdiction. |
January 10, 2020 | The Claimants file initial observations on the Respondent’s new objection to jurisdiction. |
January 24, 2020 | The Tribunal proposes a procedural schedule for the subsequent submissions and for the continuation of the hearing on jurisdiction and the merits. |
January 27, 2020 | Each party files observations on the Tribunal’s proposal of January 24, 2020. |
January 31, 2020 | The Claimants file a response to the Respondent’s observations of January 27, 2020. |
February 5, 2020 | The Respondent files further observations on the Claimants’ response of January 31, 2020. |
February 7, 2020 | The Tribunal decides on the procedural and hearing schedules. |
February 27, 2020 | The Tribunal holds a continuation of the hearing on jurisdiction and the merits in London. |
March 19, 2020 | The Respondent files a submission concerning its new objection to jurisdiction of December 20, 2019. |
April 14, 2020 | The Claimants file a response to the Respondent’s submission of March 19, 2020. |
May 11, 2020 | The Claimants file a post-hearing brief. |
June 3, 2020 | The Respondent files a post-hearing brief. |
June 17, 2020 | The Claimants file a reply post-hearing brief. |
June 26, 2020 | The Respondent files a rejoinder post-hearing brief. |
March 18, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 26, 2021 | The Claimants file observations on the Respondent’s request of March 18, 2021. |
March 27, 2021 | The Tribunal decides on the admissibility of new evidence. |
September 10, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
September 10, 2021 | The Claimants file observations on the Respondent’s request of September 10, 2021. |
September 13, 2021 | The Tribunal decides on the admissibility of new evidence. |
September 13, 2021 | The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a partial dissenting opinion by arbitrator Professor Peter D. Cameron. |
October 15, 2021 | The Respondent files a request for reconsideration of the Tribunal's Decision of September 13, 2021. |
November 12, 2021 | The Claimants file observations on the Respondent’s request of October 15, 2021. |
February 1, 2022 | The Tribunal issues a decision concerning the Respondent’s request of October 15, 2021. |
April 1, 2022 | The parties’ experts file a joint expert report on quantum. |
April 22, 2022 | Each party files a submission on the areas of disagreement on quantum. |
June 24, 2022 | The Respondent files a request for reconsideration of the Tribunal’s decisions of September 13, 2021 and February 1, 2022. |
July 21, 2022 | The Claimants file observations on the Respondent’s request of June 24, 2022. |
August 19, 2022 | The Tribunal issues a decision concerning the Respondent’s request of June 24, 2022. |
December 27, 2022 | The Respondent files a request for reconsideration of the Tribunal’s Decision of August 19, 2022. |
January 4, 2023 | The Claimants file observations on the Respondent’s request of December 27, 2022. |
January 9, 2023 | Each party files a submission on costs. |
February 2, 2023 | The Tribunal issues a decision on the Respondent’s request of December 27, 2022. |
February 2, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 2, 2023 | The Tribunal renders its award. |