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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Pending
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July 31, 2024 - Each party files a statement of costs.
(a) Original Proceeding
Composition of Tribunal
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. |