Case Details

DCM Energy GmbH & Co. Solar 1 KG and others v. Kingdom of Spain (ICSID Case No. ARB/17/41)

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):

DCM Energy GmbH & Co. Solar 1 KG (German), DCM Energy GmbH & Co. Solar 2 KG (German), Hannover Leasing Sun Invest 2 Spanien Beteiligungs GmbH (German), Hannover Leasing Sun Invest 2 Spanien GmbH & Co. KG (German), Edisun Power Europe A.G. (Swiss)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

October 31, 2017
Date of Constitution of Tribunal:

June 14, 2018

Composition of Tribunal

President:

Carole MALINVAUD (French) - Appointed by the Secretary-General
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Paris, France, Houston, TX, U.S.A., and Frankfurt, Germany
Gómez-Acebo & Pombo, 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:

Pending
Latest Development:

July 23, 2024 - The Tribunal decides on the admissibility of new documents.

No References Available.

(a) Original Proceeding

Date	Development
October 31, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
February 14, 2018	Following appointment by the Claimants, Oscar M. Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator.
March 7, 2018	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
June 14, 2018	Following appointment by the Secretary-General, Carole Malinvaud (French) accepts her appointment as presiding arbitrator.
June 14, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Carole Malinvaud (French), President, appointed by the Secretary-General pursuant to the parties’ agreement; Oscar M. Garibaldi (Argentine/U.S.), appointed by the the Claimants; and Pierre-Marie Dupuy (French), appointed by the Respondent.
July 17, 2018	The Tribunal holds a first session by telephone conference.
August 1, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 5, 2018	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 9, 2018	The Claimants file a memorial on the merits.
November 16, 2018	Each party files observations on the non-disputing party’s application.
December 19, 2018	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 8, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
April 5, 2019	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
April 19, 2019	Each party files observations on the non-disputing party’s application.
May 3, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 22, 2019	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application of April 5, 2019.
June 7, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 13, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
July 17, 2019	The Claimants file a reply memorial on the merits and counter-memorial on jurisdiction.
October 18, 2019	The Respondent files a rejoinder on the merits and reply on jurisdiction.
November 22, 2019	The Claimants file a rejoinder on jurisdiction.
December 22, 2019	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
January 10, 2020	The Respondent files observations on the Claimants’ request for the Tribunal to decide on the admissibility of new documents.
January 14, 2020	The Tribunal decides on the admissibility of new documents.
January 28, 2020	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 31, 2020	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
February 3, 2020	Each party files a request for the Tribunal to decide on the admissibility of new documents.
February 6, 2020	Each party files observations on the other party’s request for the admissibility of new documents.
February 7, 2020	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new documents.
February 17, 2020 - February 21, 2020	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
March 2, 2020	The Tribunal issues Procedural Order No. 7 concerning post-hearing matters.
May 6, 2020	The Respondent files a request for clarification of certain aspects of Procedural Order No. 7.
May 7, 2020	The Claimants file observations on the Respondent’s request of May 6, 2020, including a request for leave from the Tribunal to file an updated submission on quantum.
May 11, 2020	The Respondent files a response to the Claimants’ observations and request of May 7, 2020.
May 11, 2020	The Claimants file further observations on the Respondent’s response of May 11, 2020.
May 15, 2020	The Tribunal decides on the Respondent’s request of May 6, 2020 and the Claimants’ request of May 7, 2020.
May 21, 2020	Each party files a post-hearing brief.
June 8, 2020	The Respondent files comments on the Claimants’ post-hearing brief.
June 15, 2020	The Claimants file observations on the Respondent’s comments of June 8, 2020.
June 17, 2020	The Respondent files a response to the Claimants’ observations of June 18, 2020.
June 21, 2020	The Respondent supplements its response of June 17, 2020.
June 23, 2020	The Claimants file further observations on the Respondent’s supplemented response of June 21, 2020.
October 19, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
October 30, 2020	The Claimants file observations of the Respondent’s request of October 19, 2020, and a request for the Tribunal to decide on the admissibility of new documents.
November 4, 2020	The Respondent files observations of the Claimants’ request of October 30, 2020.
November 6, 2020	The Tribunal decides on the admissibility of new documents.
March 26, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
April 1, 2021	The Claimants file observations on the Respondent’s request of March 26, 2021.
April 6, 2021	The Tribunal decides on the admissibility of new documents.
August 16, 2021	The Claimants file request for the Tribunal to order the Respondent to produce an award.
August 20, 2021	The Respondent files observations on the Claimants’ request of August 16, 2021.
September 10, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 17, 2021	The Claimants file observations on the Respondent’s request of September 10, 2021.
September 21, 2021	The Tribunal decides on the admissibility of new evidence.
December 13, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
December 20, 2021	The Respondent files observations on the Claimants’ request of December 13, 2021.
February 7, 2022	The Tribunal decides on the admissibility of new documents.
May 10, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
May 17, 2022	The Claimants file observations on the Respondent’s request of May 10, 2022.
May 25, 2022	The Tribunal decides on the admissibility of new documents.
June 23, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of a new document.
June 30, 2022	The Claimants file observations on the Respondent’s request of June 30, 2022.
July 11, 2022	The Tribunal decides on the admissibility of a new document.
September 2, 2022	Each party files a submission on costs.
December 20, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 3, 2023	The Claimants file observations on the Respondent’s request of December 20, 2022, and a request for the Tribunal to decide on the admissibility of new documents.
January 17, 2023	The Respondent files observations on the Claimants’ request of January 3, 2023.
January 20, 2023	The Tribunal decides on the admissibility of new documents.
July 10, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 17, 2024	The Claimants file observations on the Respondent’s request of July 10, 2024.
July 23, 2024	The Tribunal decides on the admissibility of new documents.