Case Details

Itochu Corporation v. Kingdom of Spain (ICSID Case No. ARB/18/25)

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):

Itochu Corporation (Japanese)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

July 13, 2018
Date of Constitution of Tribunal:

December 6, 2018

Composition of Tribunal

President:

Herbert KRONKE (German) - Appointed by the Secretary-General
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cuatrecasas, Gonçalves Pereira, Madrid, Spain
Nagashima Ohno & Tsunematsu, Tokyo, Japan and Singapore
Respondent(s):

Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

August 4, 2023 -
Each party files an expert report.

No References Available.

(a) Original Proceeding

Date	Development
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.