Case Details
VM Solar Jerez GmbH and others v. Kingdom of Spain (ICSID Case No. ARB/19/30)
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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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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), Helmut Vorndran (German)
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Kingdom of Spain (Spanish)
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October 4, 2019
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March 20, 2020
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Michael COLLINS (British) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Ioana KNOLL-TUDOR (Romanian) - Appointed by the Respondent(s) -
Aurelius Cotta - Konrad Pika Trippel Partnerschaft von Rechtsanwälten mbB, Frankfurt, Germany
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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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July 12, 2024 - The Tribunal decides on the admissibility of new evidence.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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October 4, 2019 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
December 5, 2019 | Following appointment by the Claimants, 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 arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
April 17, 2020 | The Claimants file observations on the proposal for disqualification. |
April 24, 2020 | The Respondent files observations on the proposal for disqualification. |
May 17, 2020 | The Claimants file 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. |
June 30, 2021 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 4, 2021 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
October 22, 2021 | The Respondent files a request for reconsideration of Procedural Order No. 3 of June 19, 2021. |
November 3, 2021 | The Claimants file observations on the Respondent’s request of October 22, 2021. |
November 10, 2021 | The Respondent files responses to the Claimants’ observations of November 3, 2021. |
November 25, 2021 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request of October 22, 2021. |
December 3, 2021 | The Respondent files a request to exclude a document and references from the record. |
December 10, 2021 | The Claimants file observations on the Respondent’s request of December 3, 2021. |
December 21, 2021 | The Respondent files a response to the Claimants’ observations of December 10, 2021. |
December 22, 2021 | The Claimants file further observations on Respondent’s response of December 21, 2021. |
December 27, 2021 | The Respondent files a response to Claimants’ further observations of December 22, 2021. |
December 28, 2021 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request of December 3, 2021. |
January 7, 2022 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
March 8, 2022 | The Claimants file a rejoinder on jurisdiction. |
April 7, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 12, 2022 | The Claimants file observations on the Respondent’s request of April 7, 2022. |
April 15, 2022 | The Tribunal decides on the Respondent’s request of April 7, 2022. |
April 22, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
April 26, 2022 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
May 17, 2022 | The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
May 19, 2022 | The Claimants file observations on the Respondent’s proposal of May 17, 2022. |
May 25, 2022 | Each member of the Tribunal furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
June 1, 2022 | The parties file additional observations on the proposal for disqualification. |
October 18, 2022 | The proposal for disqualification of the three members of the Tribunal is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
November 16, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 28, 2022 | The Claimants file observations on the Respondent’s request of November 16, 2022 and a request for the Tribunal to decide on the admissibility of new evidence. |
November 29, 2022 | The Respondent files observations on the Claimants' request of November 28, 2022. |
December 8, 2022 | The Tribunal decides on the Respondent’s request of November 16, 2022 and the Claimants’ request of November 28, 2022. |
March 20, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
March 23, 2023 | The Respondent files observations on the Claimants’ request of March 20, 2023. |
March 23, 2023 | The Tribunal decides on the admissibility of new evidence. |
March 27, 2023 | The Claimants file further observations on their request of March 20, 2023. |
April 3, 2023 | The Respondent files a response on the Claimants’ further observations of March 27, 2023, and a request for the Tribunal to decide on the admissibility of new evidence. |
April 3, 2023 | The Claimants file observations on the Respondent’s request of April 3, 2023. |
April 3, 2023 | The Tribunal decides on the admissibility of new evidence. |
January 10, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
January 17, 2024 | The Claimants file observations on the Respondent’s request of January 10, 2024 and a request for the Tribunal to decide on the admissibility of new evidence. |
January 22, 2024 | The Respondent files observations on the Claimants’ request of January 10, 2024 and a request for the Tribunal to decide on the admissibility of new evidence. |
January 22, 2024 | The Tribunal decides on the admissibility of new evidence. |
January 29, 2024 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
January 30, 2024 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
February 26, 2024 - February 28, 2024 | The Tribunal holds a hearing on jurisdiction, the merits and quantum in London. |
March 5, 2024 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
March 15, 2024 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
March 20, 2024 | The Respondent files observations on the Claimants’ request of March 15, 2024. |
March 21, 2024 | The Claimants file further observations on Respondent’s response of March 20, 2024. |
March 25, 2024 | The Tribunal decides on the admissibility of new evidence. |
April 25, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
April 25, 2024 | The Claimants file observations on the Respondent’s request of April 25, 2024. |
April 26, 2024 | The Tribunal decides on the Respondent’s request of April 25, 2024. |
June 12, 2024 | The Claimants file a post-hearing brief. |
June 14, 2024 | The Respondent files a post-hearing brief. |
July 10, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
July 11, 2024 | The Claimants file observations on the Respondent’s request of July 10, 2024. |
July 12, 2024 | The Tribunal decides on the admissibility of new evidence. |