Case Details
Canepa Green Energy Opportunities I, S.à r.l. and Canepa Green Energy Opportunities II, S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/19/4)
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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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Canepa Green Energy Opportunities I, S.à r.l. (Luxembourg), Canepa Green Energy Opportunities II, S.à r.l. (Luxembourg)
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Kingdom of Spain (Spanish)
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February 25, 2019
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September 11, 2019
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Sean MURPHY (U.S.) - Appointed by the Parties
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Peter REES (British) - Appointed by the Claimant(s)
Silvina GONZALEZ NAPOLITANO (Argentine) - Appointed by the Respondent(s) -
A&O Shearman, Madrid, Spain
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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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Concluded
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May 31, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 3 (Decision on Bifurcation) and Dissenting Opinion of Silvina Gonzalez Napolitano (English;)
(a) Original Proceeding
Date | Development |
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February 25, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
May 8, 2019 | Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator. |
May 17, 2019 | Following appointment by the Respondent, Silvina González Napolitano (Argentine) accepts her appointment as arbitrator. |
September 11, 2019 | Following appointment by agreement of the parties, Sean Murphy (U.S.) accepts his appointment as presiding arbitrator. |
September 11, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Sean Murphy (U.S.), President, appointed by agreement of the Parties; Peter Rees (British), appointed by the Claimants; and Silvina González Napolitano (Argentine), appointed by the Respondent. |
October 2, 2019 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 11, 2019 | The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
October 18, 2019 | The Claimants file observations on the proposal for disqualification. |
October 21, 2019 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
October 31, 2019 | The Respondent files further comments regarding the proposal for disqualification. |
November 19, 2019 | The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
November 27, 2019 | Each party files observations on the non-disputing party’s application. |
December 10, 2019 | The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 20, 2019 | The Claimants file observations on the proposal for disqualification. |
December 23, 2019 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
January 17, 2020 | The Respondent files further comments regarding the proposal for disqualification. |
February 10, 2020 | The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
February 12, 2020 | The Majority of the Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
February 14, 2020 | A non-disputing party files a request for reconsideration of the Majority of the Tribunal's decision of February 12, 2020. |
February 28, 2020 | The Tribunal holds a first session by telephone conference. |
March 5, 2020 | The Majority of the Tribunal issues a decision on the non-disputing party’s request for reconsideration of February 14, 2020. |
March 5, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 6, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
May 29, 2020 | The Claimants file a memorial on the merits. |
July 10, 2020 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
August 7, 2020 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
August 28, 2020 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. Attached to the procedural order is a partial dissenting opinion by arbitrator Silvina González Napolitano. |
November 6, 2020 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
February 26, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
March 9, 2021 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
May 21, 2021 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
July 9, 2021 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
August 3, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
August 6, 2021 | The Claimants file a rejoinder on jurisdiction. |
August 13, 2021 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
March 14, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
March 22, 2022 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
March 22, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
March 25, 2022 | The Claimants file observations on the Respondent’s request of March 22, 2022. |
March 29, 2022 | The Tribunal decides on the Respondent’s request of March 22, 2022. |
April 25, 2022 - April 29, 2022 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
May 6, 2022 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
June 16, 2022 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
June 20, 2022 | The Respondent files observations on the Claimants’ request of June 16, 2022. |
June 22, 2022 | The Tribunal decides on the Claimants’ request of June 16, 2022. |
June 30, 2022 | Each party files a post-hearing brief. |
July 28, 2022 | Each party files a reply post-hearing brief. |
October 30, 2023 | The Tribunal issues a decision on jurisdiction, admissibility, liability and general directions with respect to quantum; attached to the decision is a partial dissenting opinion by arbitrator Silvina S. González Napolitano. |
October 30, 2023 | The Tribunal issues Procedural Order No. 9 concerning quantum. |
January 24, 2024 | The parties’ experts file a joint expert report on quantum. |
March 8, 2024 | The parties’ experts file an update to their joint expert report on quantum. |
March 15, 2024 | Each party files a submission on costs. |
April 1, 2024 | Each party files observations on the other party’s submission on costs. |
April 8, 2024 | Each party files a response to the other party’s observations of April 1, 2024. |
May 31, 2024 | The Tribunal renders its award. |