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), Dr. 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) -
Morgan, Lewis & Bockius, 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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December 8, 2022 -
The Tribunal decides on the Respondent’s request of November 16, 2022 and the Claimants’ request of November 28, 2022.
(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 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 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. |
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. |
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 Claimant’s 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. |