Case Details

EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Kingdom of Spain (ICSID Case No. ARB/18/42)

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):

EBL (Genossenschaft Elektra Baselland) (Swiss), Tubo Sol PE2 S.L. (Spanish)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

November 8, 2018
Date of Constitution of Tribunal:

January 28, 2019

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Parties
Arbitrators:

Bo G. H. NILSSON (Swedish) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Madrid, Spain
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:

Concluded
Outcome of Proceeding:

January 11, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Bo G.H. Nilsson.

No References Available.

(a) Original Proceeding

Date	Development
November 8, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
December 14, 2018	Following appointment by the Claimants, Bo G.H. Nilsson (Sweden) accepts his appointment as arbitrator.
January 5, 2019	Following appointment by the Respondent, Hélène Ruiz Fabri (France) accepts her appointment as arbitrator.
January 28, 2019	Following appointment by agreement of the parties, Jean E. Kalicki (U.S.) accepts her appointment as presiding arbitrator.
January 28, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jean E. Kalicki (U.S.), President, appointed by agreement of the parties; Bo G.H. Nilsson (Swedish), appointed by the Claimants; and Hélène Ruiz Fabri (French), appointed by the Respondent.
March 11, 2019	The Tribunal holds a first session by telephone conference.
March 21, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 29, 2019	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
June 10, 2019	Each party files observations on the non-disputing party’s application.
June 28, 2019	The Claimants file a memorial on the merits.
July 2, 2019	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).
August 1, 2019	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
September 25, 2019	The Respondent files a request for the Tribunal to allow Respondent’s expert a site visit.
September 30, 2019	The Claimants file observations on the Respondent’s request of September 25, 2019.
October 2, 2019	The Respondent files further observations on its request of September 25, 2019.
October 4, 2019	The Claimants file further observations on the Respondent’s request of September 25, 2019.
October 7, 2019	The Tribunal issues Procedural Order No. 3 concerning a site visit.
October 30, 2019	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
January 13, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
January 29, 2020	The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 21, 2020	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 26, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
July 27, 2020	The Claimants file a rejoinder on jurisdiction.
October 5, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 9, 2020	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
November 6, 2020	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
July 22, 2021 - July 28, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
September 28, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 5, 2021	The Claimants file observations on the Respondent’s request of September 28, 2021.
October 25, 2021	The Tribunal decides on the Respondent’s request of September 28, 2021.
October 29, 2021	Each party files a post-hearing brief.
October 29, 2021	Each party files a submission on costs.
May 19, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
May 30, 2022	The Claimants file observations on the Respondent’s request of May 19, 2022.
June 2, 2022	The Tribunal decides on the Respondent’s request of May 19, 2022.
June 22, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
July 1, 2022	The Claimants file observations on the Respondent’s request of June 22, 2022.
July 5, 2022	The Tribunal decides on the Respondent’s request of June 22, 2022.
December 20, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
January 3, 2023	The Claimants file observations on the Kingdom of Spain’s request of December 20, 2022.
February 9, 2023	The Tribunal decides on the Respondent’s request of December 20, 2022.
April 3, 2023	The Respondent files a request for the Tribunal to decide on production of documents.
April 7, 2023	The Claimants file observations on the Respondent’s request of April 3, 2023.
April 18, 2023	The Tribunal decides on the Respondent’s request of April 3, 2023.
December 12, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 11, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Bo G.H. Nilsson.