Case Details

Sevilla Beheer B.V. and others v. Kingdom of Spain (ICSID Case No. ARB/16/27)

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):

Sevilla Beheer B.V. (Dutch), Spanish project companies (Spanish), Cross Retail S.L. (Spanish), Cordoba Beheer B.V. (Dutch)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

August 12, 2016
Date of Constitution of Tribunal:

February 7, 2017

Composition of Tribunal

President:

Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
Arbitrators:

Peter D. CAMERON (British) - Appointed by the Claimant(s)
Attila TANZI (Italian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
Arbitrators:

Rudolf DOLZER (German) - Appointed by the Claimant(s)
Attila TANZI (Italian) - Appointed by the Respondent(s)
Reconstituted:

May 7, 2020: Peter D. CAMERON (British) appointed following the passing away of Rudolf DOLZER (German)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

May 22, 2023 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 22, 2023
Date of Constitution of ad hoc Committee:

November 10, 2023

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

N. Fernando PIÉROLA CASTRO (Peruvian, Swiss)
Members:

Louise REILLY (Irish)
Bertha COOPER-ROUSSEAU (Bahamian)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
Respondent(s):

Departamento de Arbitrajes Internacionales, Madrid, Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

November 10, 2023 - The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Fernando Piérola Castro (Peruvian and Swiss), President; Louise Reilly (Irish); and Bertha Cooper-Rousseau (Bahamian); all members appointed by the Chairman of the Administrative Council.

No References Available.

(a) Original Proceeding

Date	Development
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.

(b) Annulment Proceeding

Date	Development
September 22, 2023	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.
November 10, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Fernando Piérola Castro (Peruvian and Swiss), President; Louise Reilly (Irish); and Bertha Cooper-Rousseau (Bahamian); all members appointed by the Chairman of the Administrative Council.