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.
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Respondent(s)
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September 30, 2024
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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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Pending
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September 30, 2024 - The Acting Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain and notifies the parties of the provisional stay of enforcement of the award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
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. |
(b) Annulment Proceeding
Date | Development |
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September 30, 2024 | The Acting Secretary-General registers an application for annulment of the award filed by the Kingdom of Spain and notifies the parties of the provisional stay of enforcement of the award. |