Case Details
European Solar Farms A/S v. Kingdom of Spain (ICSID Case No. ARB/18/45)
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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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European Solar Farms A/S (Danish)
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Kingdom of Spain (Spanish)
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December 21, 2018
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August 26, 2019
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David UNTERHALTER (Maltese, South African) - Appointed by the Secretary-General
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O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s) -
King & Spalding, Houston, TX and Washington, D.C., U.S.A., and Paris, France
Gómez-Acebo & Pombo, Madrid, Spain -
Abogacía General del Estado, 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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October 11, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by O. Thomas Johnson, Jr. and a declaration by Marcelo G. Kohen.
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Claimant(s)
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February 12, 2025
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June 17, 2025
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Dapo AKANDE (British, Nigerian)
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King & Spalding, Houston, TX, U.S.A. and Paris, France
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Abogacía General del Estado, 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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January 14, 2026 -
The Kingdom of Spain files a counter-memorial on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
| Date | Development |
|---|---|
| December 21, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| March 12, 2019 | Following appointment by the Claimant, O. Thomas Johnson, Jr. (U.S.) accepts his appointment as arbitrator. |
| March 21, 2019 | Following appointment by the Respondent, Marcelo Kohen (Argentine) accepts his appointment as arbitrator. |
| August 21, 2019 | Following appointment by the Secretary-General pursuant to the parties’ agreement, David Unterhalter (South African) accepts his appointment as presiding arbitrator. |
| August 26, 2019 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: David Unterhalter (South African), President, appointed by the Secretary-General pursuant to the parties’ agreement; O. Thomas Johnson, Jr. (U.S.), appointed by the Claimant; and Marcelo Kohen (Argentine), appointed by the Respondent. |
| October 3, 2019 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
| October 14, 2019 | The Tribunal holds a first session by telephone conference. |
| October 23, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| October 28, 2019 | Each party files observations on the non-disputing party’s application. |
| December 3, 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). |
| February 28, 2020 | The Claimant files a memorial on the merits. |
| June 26, 2020 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
| September 18, 2020 | Each party files a request for the Tribunal to decide on production of documents. |
| October 16, 2020 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| October 27, 2020 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
| November 13, 2020 | The Claimant files a reply on the merits and counter-memorial on jurisdiction. |
| January 22, 2021 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
| March 19, 2021 | Each party files observations on the non-disputing party’s written submission. |
| March 19, 2021 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
| April 12, 2021 | Each party files additional observations on the non-disputing party’s application. |
| April 30, 2021 | The Claimant files a rejoinder on jurisdiction. |
| May 18, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
| June 2, 2021 | The Tribunal issues an addendum to Procedural Order No. 5 concerning procedural matters. |
| June 17, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| June 29, 2021 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
| July 5, 2021 - July 11, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
| September 8, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| September 15, 2021 | The Claimant files observations on the Respondent’s request of September 8, 2021. |
| September 16, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| September 22, 2021 | The Claimant files observations on the Respondent’s request of September 16, 2021. |
| September 27, 2021 | The Tribunal decides on the Respondent’s requests of September 8, 2021 and September 16, 2021. |
| November 12, 2021 | Each party files a post-hearing brief. |
| December 13, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
| December 20, 2021 | The Respondent files observations on the Claimant’s request of December 13, 2021 and a request for the Tribunal to decide on the admissibility of new evidence. |
| January 5, 2022 | The Claimant files observations on the Respondent’s request of December 20, 2021. |
| January 10, 2022 | The Tribunal decides on the Claimant’s request of December 13, 2021 and the Respondent’s request of December 20, 2021. |
| June 22, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| June 30, 2022 | The Claimant files observations on the Respondent’s request of June 22, 2022. |
| August 2, 2022 | The Tribunal decides on the Respondent’s request of June 22, 2022. |
| September 7, 2022 | The Tribunal poses questions to the parties. |
| September 30, 2022 | The Respondent files comments on new evidence and answers to the questions posed by the Tribunal on September 7, 2022. |
| October 28, 2022 | The Claimant files comments on new evidence and answers to the questions posed by the Tribunal on September 7, 2022. |
| December 20, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| December 23, 2022 | The Claimant files observations on the Respondent’s request of December 20, 2022 and a request for the Tribunal to decide on the admissibility of new evidence. |
| January 16, 2023 | The Tribunal decides on the Respondent’s request of December 20, 2022 and the Claimant’s request of December 23, 2022. |
| February 23, 2023 | The Tribunal poses further questions to the parties. |
| March 16, 2023 | Each party files answers to the questions posed by the Tribunal on February 23, 2023. |
| May 10, 2024 | Each party files a submission on costs. |
| July 15, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| July 26, 2024 | The Claimant files observations on the Respondent’s request of July 15, 2024. |
| July 29, 2024 | The Tribunal decides on the Respondent’s request of July 15, 2024. |
| August 28, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| October 11, 2024 | The Tribunal renders its award; attached to the award is a dissenting opinion by O. Thomas Johnson, Jr. and a declaration by Marcelo G. Kohen. |
(b) Annulment Proceeding
| Date | Development |
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| February 12, 2025 | The Secretary-General registers an application for annulment of the award filed by European Solar Farms A/S. |
| June 17, 2025 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Dapo Akande (British/Nigerian), President; Mohamed Sameh Amr (Egyptian); and Sofia Martins (Portuguese); all members appointed by the Chairman of the Administrative Council. |
| August 8, 2025 | The ad hoc Committee holds a first session with the parties in writing. |
| August 8, 2025 | The ad hoc Committee issues Procedural Order No. 1 on procedural matters. |
| October 15, 2025 | European Solar Farms A/S files a memorial on annulment. |
| January 14, 2026 | The Kingdom of Spain files a counter-memorial on annulment. |

