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.
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Respondent(s)
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June 16, 2023
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Debevoise & Plimpton, 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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September 26, 2023 - The Tribunal issues a decision on the rectification of the award.
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Claimant(s)
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June 20, 2023
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Debevoise & Plimpton, 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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September 26, 2023 - The Tribunal issues a decision on the rectification of the award.
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Respondent(s)
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January 25, 2024
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February 27, 2024
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Carita WALLGREN-LINDHOLM (Finnish)
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A&O Shearman, Madrid, Spain
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Abogacía General del Estado, Departamento de Arbitrajes Internacionales, Madrid, Spain
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English,Spanish
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Pending
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August 4, 2024 - The ad hoc Committee decides on procedural matters.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(c) Rectification Proceeding
Party Representatives
(d) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Respondent’s Request for Reconsideration regarding the Intra-EU Objection and the Merits (English;)
Decision on Respondent’s Second Request for Reconsideration (English;)
Award of the Tribunal (English;)
(b) Rectification Proceeding
Published Decisions
Decision on Respondent’s Request for Stay of Enforcement (English;)
Decision on Requests for Rectification (English;)
(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. |
(b) Rectification Proceeding - 1
Date | Development |
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June 16, 2023 | The Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain. |
July 12, 2023 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file observations on the Kingdom of Spain’s request of July 15, 2023. |
July 21, 2023 | The Kingdom of Spain files a response to Infracapital F1 S.à r.l. and Infracapital Solar B.V.’s observations of July 12, 2023. |
July 28, 2022 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file a rejoinder on the Kingdom of Spain’s request of July 15, 2023. |
August 24, 2023 | The Tribunal issues a decision concerning the stay of enforcement of the award. |
August 24, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 26, 2023 | The Tribunal issues a decision on the rectification of the award. |
(c) Rectification Proceeding - 2
Date | Development |
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June 20, 2023 | The Secretary-General registers a request for rectification of the award filed by Infracapital F1 S.à r.l. and Infracapital Solar B.V. |
July 12, 2023 | The Kingdom of Spain files observations on Infracapital F1 S.à r.l. and Infracapital Solar B.V.’s request of July 16, 2023. |
July 21, 2023 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file a response to the Kingdom of Spain’s observations of July 12, 2023. |
July 28, 2023 | The Kingdom of Spain files a rejoinder on Infracapital F1 S.à r.l. and Infracapital Solar B.V.’s request of July 16, 2023. |
August 24, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
September 26, 2023 | The Tribunal issues a decision on the rectification of the award. |
(d) Annulment Proceeding
Date | Development |
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January 25, 2024 | 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. |
February 27, 2024 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Carita Wallgren-Lindholm (Finnish), President; Paul Arrighi Bustamante (French, Uruguayan); and Mr. Michele Potestà (Italian); all members appointed by the Chairman of the Administrative Council. |
April 11, 2024 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
April 23, 2024 | The ad hoc Committee holds a first session by video conference. |
May 3, 2024 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
May 9, 2024 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
May 23, 2024 | The Kingdom of Spain files a response to the observations of Infracapital F1 S.à r.l. and Infracapital Solar B.V. of May 3, 2024. |
May 23, 2024 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 30, 2024 | The ad hoc Committee issues Procedural Order No. 2 concerning the procedural calendar. |
June 6, 2024 | Each party files observations on the non-disputing party’s application. |
June 13, 2024 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file a rejoinder on the Kingdom of Spain’s response of May 23, 2024. |
July 22, 2024 | The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award. |
July 30, 2024 | The Kingdom of Spain files a request concerning procedural matters. |
July 31, 2024 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
August 1, 2024 | Infracapital F1 S.à r.l. and Infracapital Solar B.V. file observations on the Kingdom of Spain’s request of July 30, 2024. |
August 4, 2024 | The ad hoc Committee decides on procedural matters. |