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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Concluded
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June 9, 2025 - The Tribunal renders its award.
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Respondent(s)
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October 17, 2025
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Pending
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October 17, 2025 - The Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Party Representatives
No References Available.
(a) Original Proceeding
| Date | Development |
|---|---|
| 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. |
| December 13, 2024 | The Tribunal decides on the Respondent’s requests for reconsideration of July 26, 2024 and October 28, 2024. |
| December 13, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| April 24, 2025 | The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2). |
| May 6, 2025 | The Claimant files observations on the request to reopen the proceeding. |
| May 21, 2025 | The Tribunal decides on the Respondent’s request of April 24, 2025. |
| June 9, 2025 | The Tribunal renders its award. |
(b) Annulment Proceeding
| Date | Development |
|---|---|
| October 17, 2025 | The Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain. |

