Case Details
Sevilla Beheer B.V. and others v. Kingdom of Spain (ICSID Case No. ARB/16/27)
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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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Sevilla Beheer B.V. (Dutch), Spanish project companies (Spanish), Cross Retail S.L. (Spanish), Cordoba Beheer B.V. (Dutch)
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Kingdom of Spain (Spanish)
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August 12, 2016
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February 7, 2017
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Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
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Peter D. CAMERON (British) - Appointed by the Claimant(s)
Attila TANZI (Italian) - Appointed by the Respondent(s) -
Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
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Rudolf DOLZER (German) - Appointed by the Claimant(s)
Attila TANZI (Italian) - Appointed by the Respondent(s) -
May 7, 2020: Peter D. CAMERON (British) appointed following the passing away of Rudolf DOLZER (German)
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Allen & Overy, Madrid, Spain
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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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May 22, 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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August 12, 2016 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
September 20, 2016 | Following appointment by the Claimants, Rudolf Dolzer (German) accepts his appointment as arbitrator. |
October 9, 2016 | Following appointment by the Respondent, Attila Tanzi (Italian) accepts his appointment as arbitrator. |
February 7, 2017 | The Tribunal is constituted in accordance with the Parties’ agreement. Its members are: Raëd Fathallah (Canadian/Lebanese), President, appointed by the Secretary-General; Rudolf Dolzer (German), appointed by the Claimants; and Attila Tanzi (Italian), appointed by the Respondent. |
February 7, 2017 | Following appointment by the Secretary-General, Raëd Fathallah (Canadian/Lebanese) accepts his appointment as presiding arbitrator. |
April 4, 2017 | The Tribunal holds a first session by telephone conference. |
April 12, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 30, 2017 | The Claimants file a memorial on the merits. |
November 24, 2017 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
February 9, 2018 | The Parties file a joint request for the Tribunal to decide on production of documents. |
March 2, 2018 | The Tribunal issues a decision on production of documents. |
July 12, 2018 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
October 10, 2018 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
November 5, 2018 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 26, 2018 | Each party files observations on the non-disputing party’s application. |
December 13, 2018 | The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application of November 5, 2018. |
December 19, 2018 | The Claimants file a rejoinder on jurisdiction. |
February 18, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
March 16, 2019 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
March 18, 2019 - March 22, 2019 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
May 21, 2019 | Each party files a post-hearing brief. |
June 14, 2019 | Each Party files a reply post-hearing brief. |
July 31, 2019 | Each party files a submission on costs. |
April 8, 2020 | Following the passing away of arbitrator Rudolf Dolzer (German), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
May 7, 2020 | The Tribunal is reconstituted. Its members are Raëd Fathallah (Canadian/Lebanese), President, appointed by the Secretary-General; Peter D. Cameron (British), appointed by the Claimants; and Attila Tanzi (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
March 22, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 29, 2021 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on the admissibility of new documents. |
March 30, 2021 | The Tribunal decides on the admissibility of new documents. |
September 9, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
September 20, 2021 | The Claimant files observations on the Respondent’s request of September 9, 2021. |
September 22, 2021 | The Tribunal decides on the admissibility of a new document. |
September 23, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
September 29, 2021 | The Claimant files observations on the Respondent’s request of September 23, 2021. |
October 4, 2021 | The Tribunal decides on the admissibility of new evidence. |
February 11, 2022 | The Tribunal issues a decision on jurisdiction, liability and the principles of quantum; attached to the decision is a partial dissenting opinion by arbitrator Peter D. Cameron. |
March 25, 2022 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
May 20, 2022 | The parties’ experts file a joint expert report on quantum. |
June 10, 2022 | Each party files observations on the parties’ experts’ joint expert report on quantum of May 20, 2022. |
June 29, 2022 | The Respondent files a request for reconsideration of the Tribunal’s decision on jurisdiction, liability and the principles of quantum of February 11, 2022. |
July 7, 2022 | The Claimant files observations on the Respondent’s Request of June 29, 2022. |
August 11, 2022 | The Tribunal issues a decision on the Respondent’s request of June 29, 2022. |
December 27, 2022 | The Respondent files a request for reconsideration of the Tribunal’s decision on jurisdiction, liability and the principles of quantum of February 11, 2022. |
January 16, 2023 | The Claimant files observations on the Respondent’s Request of December 27, 2022. |
January 30, 2023 | The Tribunal issues a decision on the Respondent’s request of December 27, 2022. |
March 6, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 22, 2023 | The Tribunal renders its award. |