Case Details

VM Solar Jerez GmbH and others v. Kingdom of Spain (ICSID Case No. ARB/19/30)

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):

VM Solar Jerez GmbH (German), M Solar Verwaltungs GmbH (German), Solarizz Holding Verwaltungs-GmbH (German), M Solar GmbH & Co. KG (German), Solarizz Holding GmbH & Co. KG (German), Dr. Helmut Vorndran (German)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

October 4, 2019
Date of Constitution of Tribunal:

March 20, 2020

Composition of Tribunal

President:

Michael COLLINS (British) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Ioana KNOLL-TUDOR (Romanian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Morgan, Lewis & Bockius, Frankfurt, Germany
Respondent(s):

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

English,Spanish
Status of Proceeding:

Pending
Latest Development:

October 4, 2021 - The Claimant files a reply on the merits and a counter-memorial on jurisdiction.

No References Available.

(a) Original Proceeding

Date	Development
October 4, 2019	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 5, 2019	Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator.
December 13, 2019	Following appointment by the Respondent, Ioana Knoll-Tudor (Romanian) accepts her appointment as arbitrator.
March 20, 2020	Following appointment by agreement of the parties, Michael Collins (British) accepts his appointment as presiding arbitrator.
March 20, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Michael Collins (British) President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimants; and Ioana Knoll-Tudor (Romanian), appointed by the Respondent.
April 2, 2020	The Respondent files a proposal for disqualification of arbitrator Guido Tawil. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
April 17, 2020	The Claimants file observations on the proposal for disqualification.
April 17, 2020	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
April 24, 2020	The Respondent files observations on the proposal for disqualification.
May 17, 2020	The Claimant files a request to file a response on the Respondent’s observation of April 24, 2020.
May 22, 2020	Each party files a response on the other party’s observations.
July 24, 2020	The proposal for disqualification of arbitrator Guido Tawil is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
September 21, 2020	The Tribunal holds a first session by video conference.
September 25, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 21, 2020	The Claimants file a memorial on the merits.
March 22, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 4, 2021	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
May 19, 2021	Each party files observations on the non-disputing party’s application.
June 7, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 14, 2021	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).
June 19, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
October 4, 2021	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.