Case Details
Itochu Corporation v. Kingdom of Spain (ICSID Case No. ARB/18/25)
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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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Itochu Corporation (Japanese)
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Kingdom of Spain (Spanish)
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July 13, 2018
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December 6, 2018
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Herbert KRONKE (German) - Appointed by the Secretary-General
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Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s) -
Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Nagashima Ohno & Tsunematsu, Tokyo, Japan and Singapore -
Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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English,Spanish
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Concluded
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December 16, 2024 - The Tribunal renders its award.
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Respondent(s)
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April 21, 2025
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Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Nagashima Ohno & Tsunematsu, Tokyo, Japan and Singapore -
State Attorney´s Office
Ministry of Presidency, Justice and Relations with Parliament, Madrid, Spain -
Pending
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April 21, 2025 -
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.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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July 13, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 14, 2018 | Following appointment by the Claimant, Klaus Reichert (Irish/German) accepts his appointment as arbitrator. |
October 1, 2018 | Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her appointment as arbitrator. |
December 6, 2018 | Following appointment by the Secretary-General, Herbert Kronke (German) accepts his appointment as presiding arbitrator. |
December 6, 2018 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Herbert Kronke (German), President, appointed by the Secretary-General pursuant to the parties’ agreement; Klaus Reichert (Irish/German), appointed by the Claimant; and Loretta Malintoppi (Italian), appointed by the Respondent. |
February 1, 2019 | The Tribunal holds a first session by telephone conference. |
February 20, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
May 29, 2019 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
June 3, 2019 | The Claimant files a memorial on the merits. |
June 17, 2019 | Each party files observations on the non-disputing party’s application. |
November 8, 2019 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
February 3, 2020 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
February 25, 2020 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
March 10, 2020 | The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 27, 2020 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
May 11, 2020 | The Claimant files a request concerning document production. |
May 22, 2020 | The Respondent files observations on the Claimant’s request of May 11, 2020. |
May 28, 2020 | The Claimant files a response to the Respondent’s observations of May 22, 2020. |
May 29, 2020 | The Respondent files further observations on the Claimant’s request of May 11, 2020. |
June 2, 2020 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
June 3, 2020 | The Respondent makes a submission pursuant to Procedural Order No. 4. |
June 12, 2020 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
June 19, 2020 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
July 27, 2020 | The Respondent files a request that the Tribunal order a site inspection and production of documents. |
August 4, 2020 | The Claimant files observations on the Respondent’s request of July 27, 2020. |
August 10, 2020 | The Tribunal issues Procedural Order No. 6 concerning a site inspection and production of documents. |
August 28, 2020 | The Respondent files a request concerning production of documents and the procedural calendar. |
September 3, 2020 | The Claimant files observations of the Respondent’s request of August 28, 2020. |
September 6, 2020 | The Tribunal issues Procedural Order No. 7 concerning production of documents and the procedural calendar. |
September 12, 2020 | The Tribunal issues Procedural Order No. 8 concerning the procedural calendar. |
September 21, 2020 | The Respondent files a rejoinder on the merits and a counter-memorial on jurisdiction. |
November 9, 2020 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
November 11, 2020 | The Tribunal holds a pre-hearing conference with the parties by video conference. |
November 16, 2020 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
December 17, 2020 | The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing. |
January 14, 2021 | The Tribunal issues Procedural Order No. 12, concerning procedural matters. |
January 25, 2021 - January 29, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
March 18, 2021 | The Tribunal issues Procedural Order No. 13 on the organization of the supplementary hearing. |
March 30, 2021 | The Tribunal holds a supplementary hearing on jurisdiction and the merits by video conference. |
June 4, 2021 | Each party files a post-hearing brief. |
March 21, 2023 | The Tribunal issues a decision on jurisdiction, liability and certain aspects of quantum. |
August 4, 2023 | Each party files an expert report. |
October 13, 2023 | Each party files a reply expert report. |
November 27, 2023 | The Tribunal poses questions to the parties |
December 18, 2023 | Each party files answers to the Tribunal’s questions of November 27, 2023. |
February 8, 2024 | Each party files a reply to the other party’s answers of December 18, 2023. |
February 15, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
February 21, 2024 | The Claimant files observations on the Respondent’s request of February 15, 2024. |
March 1, 2024 | Each party files a rejoinder to the other party’s reply of February 8, 2024. |
March 4, 2024 | The Tribunal decides on the Respondent’s request of February 15, 2024. |
March 13, 2024 | The Respondent files a request for reconsideration of the Tribunal’s decision of March 4, 2024. |
March 14, 2024 | The Tribunal rules on Respondent’s request of March 13, 2024. |
March 21, 2024 | With the Tribunal’s leave, the Claimant files observations on the Tribunal’s ruling of March 14, 2024. |
March 27, 2024 | The Tribunal rules on Claimant’s observations of March 21, 2024. |
April 10, 2024 | The Respondent files observations on the admitted new evidence. |
April 24, 2024 | The Claimant files a response to the Respondent’s observations of April 10, 2024. |
July 31, 2024 | Each party files a statement of costs. |
October 29, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 16, 2024 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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April 21, 2025 | 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. |