Case Details
Portigon AG v. Kingdom of Spain (ICSID Case No. ARB/17/15)
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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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Portigon AG (German)
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Kingdom of Spain (Spanish)
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May 22, 2017
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February 9, 2018
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Felipe BULNES SERRANO (Chilean) - Appointed by the Chairman of the Administrative Council
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Albert Jan VAN DEN BERG (Dutch) - Appointed by the Claimant(s)
Giorgio SACERDOTI (Italian) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer, Frankfurt, Germany and Vienna, Austria
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Abogacía General del Estado, Ministry of Justice of the Government of Spain
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English,Spanish
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Pending
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November 11, 2024 - The Claimant files observations on the Respondent’s request of October 28, 2024.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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May 22, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 8, 2017 | Following appointment by the Claimants Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator. |
September 11, 2017 | Following appointment by the Respondent Giorgio Sacerdoti (Italian) accepts his appointment as arbitrator. |
February 8, 2018 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Felipe Bulnes (Chilean) accepts his appointment as presiding arbitrator. |
February 9, 2018 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Felipe Bulnes (Chilean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Albert Jan van den Berg (Dutch), appointed by the Claimant; and Giorgio Sacerdoti (Italian), appointed by the Respondent. |
February 22, 2018 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
March 16, 2018 | The Claimant files a response to the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
March 23, 2018 | The Tribunal holds a first session by telephone conference. |
March 25, 2018 | The Tribunal issues Procedural Order No. 1, concerning procedural matters. |
May 31, 2018 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
May 31, 2018 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
July 26, 2018 | The Claimant files a memorial on the merits. |
August 1, 2018 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
August 7, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
October 5, 2018 | The Respondent files objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
November 5, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
November 9, 2018 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
November 23, 2018 | The Claimant files observations on the non-disputing party’s application. |
November 26, 2018 | The Respondent files observations on the non-disputing party’s application. |
November 29, 2018 | The Tribunal issues Procedural Order No. 5 on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
December 19, 2018 | The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
January 29, 2019 | The Claimant files a counter-memorial on jurisdiction. |
April 2, 2019 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 4, 2019 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
April 16, 2019 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
June 14, 2019 | The Respondent files a reply on jurisdiction. |
August 16, 2019 | The Claimant files a rejoinder on jurisdiction. |
October 10, 2019 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 17, 2019 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing on jurisdiction. |
November 27, 2019 - November 28, 2019 | The Tribunal holds a hearing on jurisdiction in Paris. |
January 6, 2020 | The Respondent files a submission on costs. |
January 9, 2020 | The Claimant files a submission on costs. |
January 23, 2020 | Each party files observations on the other party’s submission on costs. |
August 20, 2020 | The Tribunal issues a decision on jurisdiction; attached to the decision is a partial dissenting opinion by arbitrator Giorgio Sacerdoti. |
November 11, 2020 | The Respondent files a counter-memorial on the merits. |
February 4, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
March 12, 2021 | The Tribunal issues Procedural Order No. 9 concerning production of documents. |
July 19, 2021 | The Claimant files a reply on the merits. |
October 13, 2021 | The Respondent files a request for reconsideration of the Tribunal's decision of August 20, 2020. |
October 28, 2021 | The Respondent files a rejoinder on the merits. |
November 3, 2021 | The Claimant files observations on the Respondent’s request of October 13, 2021. |
December 1, 2021 | Each party files further observations on the Respondent’s request of October 13, 2021. |
December 1, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
December 20, 2021 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
January 18, 2022 | The Tribunal holds a hearing by video conference. |
June 27, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
July 6, 2022 | The Claimant files observations on the Respondent’s request of June 27, 2022; and a request for the Tribunal to decide on the admissibility of new documents. |
July 18, 2022 | The Respondent files observations on the Claimant’s request of July 6, 2022. |
July 26, 2022 | The Tribunal decides on the Parties’ requests of June 27, 2022 and July 6, 2022. |
October 20, 2022 | The Tribunal decides on the Respondent’s request for reconsideration of October 13, 2021; attached to the decision is a partial dissenting opinion by arbitrator Giorgio Sacerdoti. |
October 31, 2022 - November 3, 2022 | The Tribunal holds a hearing on the merits in Paris. |
December 27, 2022 | The Respondent files a request for reconsideration of the Tribunal's Decision of October 20, 2022. |
January 10, 2023 | The Claimant files observations on the Respondent’s request of December 27, 2022. |
February 3, 2023 | Each party files a post-hearing brief. |
March 3, 2023 | Each party files a reply post-hearing brief. |
March 15, 2023 | The Tribunal decides on the Respondent’s request for reconsideration of December 27, 2022. |
April 12, 2023 | Each party files a submission on costs. |
April 19, 2023 | Each party files a reply on costs. |
March 25, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
April 8, 2024 | The Claimant files observations on the Respondent’s request of March 25, 2024. |
May 10, 2024 | The Tribunal decides on the Respondent’s request of March 25, 2024. |
July 26, 2024 | The Respondent files a request for reconsideration of the Tribunal's Decision of October 20, 2022. |
August 26, 2024 | The Claimant files observations on the Respondent’s request of July 26, 2024. |
October 28, 2024 | The Respondent files a request for reconsideration of the Tribunal’s Decision of October 20, 2022. |
November 11, 2024 | The Claimant files observations on the Respondent’s request of October 28, 2024. |