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 Massimiliano 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 Massimiliano 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.
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Respondent(s)
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September 22, 2023
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November 10, 2023
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N. Fernando PIÉROLA CASTRO (Peruvian, Swiss)
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Allen Overy Shearman Sterling, Madrid, Spain and Paris, France
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Departamento de Arbitrajes Internacionales, Madrid, Spain
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English,Spanish
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Pending
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November 15, 2024 - Sevilla Beheer B.V. and others file rejoinder on annulment.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
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. |
(b) Annulment Proceeding
Date | Development |
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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. |
December 20, 2023 | The Kingdom of Spain files a request to continue the stay of enforcement of the award. |
January 9, 2024 | The ad hoc Committee holds a first session by videoconference. |
January 15, 2024 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
January 18, 2024 | Sevilla Beheer B.V. and others file observations on the Kingdom of Spain’s request to continue the stay of enforcement of the award. |
February 1, 2024 | The Kingdom of Spain files a response to Sevilla Beheer B.V. and others’ observations of January 18, 2024. |
February 15, 2024 | Sevilla Beheer B.V. and others file further observations on the Kingdom of Spain’s response of February 1, 2024. |
March 8, 2024 | The Kingdom of Spain files a memorial on annulment. |
May 2, 2024 | The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters. |
May 3, 2024 | Sevilla Beheer B.V. and others file a counter-memorial on annulment. |
May 20, 2024 | The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters. |
May 20, 2024 | The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award. |
September 6, 2024 | The Kingdom of Spain files a reply on annulment. |
September 6, 2024 | The Kingdom of Spain files a request for the Committee to decide on the admissibility of new documents. |
September 13, 2024 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 16, 2024 | Sevilla Beheer B.V. and others file observations on the Kingdom of Spain’s request of September 6, 2024. |
September 20, 2024 | The Kingdom of Spain files a response to Sevilla Beheer B.V. and others’ observations of September 16, 2024. |
September 20, 2024 | Each party files observations on the non-disputing party’s application. |
September 25, 2024 | Sevilla Beheer B.V. and others file a reply to the Kingdom of Spain’s response of September 20, 2024. |
October 29, 2024 | The ad hoc Committee issues Procedural Order No. 4 on the admissibility of new documents. |
October 29, 2024 | The ad hoc Committee issues Procedural Order No. 5 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
November 15, 2024 | Sevilla Beheer B.V. and others file rejoinder on annulment. |