Case Details
DCM Energy GmbH & Co. Solar 1 KG and others v. Kingdom of Spain (ICSID Case No. ARB/17/41)
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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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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)
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Kingdom of Spain (Spanish)
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October 31, 2017
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June 14, 2018
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Carole MALINVAUD (French) - Appointed by the Secretary-General
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Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s) -
King & Spalding, Paris, France, Houston, TX, U.S.A., and Frankfurt, Germany
Gómez-Acebo & Pombo, Madrid, Spain -
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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September 8, 2025 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
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. |
| September 30, 2024 | The Tribunal issues a decision on jurisdiction, liability and quantum principles; attached to the decision is a dissenting opinion by arbitrator Pierre-Marie Dupuy. |
| December 30, 2024 | The parties’ experts file a joint expert report on quantum. |
| April 14, 2025 | Each party files an updated submission on costs. |
| April 22, 2025 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
| April 29, 2025 | The Claimants file observations on the Respondent’s request of April 22, 2025. |
| May 8, 2025 | The Tribunal decides on the admissibility of a new document. |
| June 24, 2025 | The parties’ experts file an update to their joint expert report on quantum. |
| June 24, 2025 | The Claimants file an updated submission on costs. |
| August 20, 2025 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| September 8, 2025 | The Tribunal renders its award. |

