Case Details
Mitsui & Co., Ltd. v. Kingdom of Spain (ICSID Case No. ARB/20/47)
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Renewable energy generation
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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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Mitsui & Co., Ltd. (Japanese)
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Kingdom of Spain (Spanish)
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October 30, 2020
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May 12, 2021
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Georges AFFAKI (French, Syrian) - Appointed by the Chairman of the Administrative Council
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John Y. GOTANDA (U.S.) - Appointed by the Claimant(s)
William BLAIR (British) - Appointed by the Respondent(s) -
White & Case, Houston, TX, U.S.A. and Madrid, Spain
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Abogacía General del Estado, The 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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October 31, 2024 - Each party files a submission on costs.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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October 30, 2020 | The Secretary-General registers a request for the institution of arbitration proceedings. |
December 18, 2020 | Following appointment by the Respondent, William Blair (British) accepts his appointment as arbitrator. |
December 22, 2020 | Following appointment by the Claimant, John Y. Gotanda (U.S.) accepts his appointment as arbitrator. |
May 11, 2021 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Georges Affaki (French/Syrian) accepts his appointment as presiding arbitrator. |
May 12, 2021 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Georges Affaki (French/Syrian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; John Y. Gotanda (U.S.), appointed by Claimant; and William Blair (British), appointed by Respondent. |
June 30, 2021 | The Tribunal holds a first session with the parties by video conference. |
July 7, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
September 24, 2021 | The Claimant files a memorial on the merits. |
December 22, 2021 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
December 30, 2021 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
January 24, 2022 | The Respondent files a request for the Tribunal to allow Respondent’s experts a site visit. |
January 26, 2022 | The Claimant files observations on the Respondent’s request of January 24, 2022. |
February 1, 2022 | The Respondent files observations on the Claimant’s submission of January 26, 2022. |
February 2, 2022 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request of January 24, 2022. |
February 28, 2022 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
March 2, 2022 | The Respondent files a request for the Tribunal to define the scope of the Respondent’s experts’ site visit and to reconsider the Tribunal’s decision of February 2, 2022. |
March 4, 2022 | The Claimant files a response to the Respondent’s request of March 2, 2022. |
March 4, 2022 | The Respondent files observations on the Claimant’s response of March 4, 2022. |
March 5, 2022 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request of March 2, 2022. |
March 19, 2022 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
May 18, 2022 | The Claimant files a reply on the merits and counter-memorial on jurisdiction. |
May 30, 2022 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
June 14, 2022 | Each party files observations on the non-disputing party’s application. |
June 27, 2022 | The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 13, 2022 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
July 15, 2022 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
July 22, 2022 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
July 29, 2022 | The Claimant files a request for leave to file an additional technical expert report. |
August 3, 2022 | The Respondent files observations on the Claimant’s request of July 29, 2022. |
August 8, 2022 | The Tribunal decides on the Claimant’s request of July 29, 2022. |
August 11, 2022 | The Respondent files a request for reconsideration of the Tribunal’s decision of August 8, 2022. |
August 12, 2022 | The Claimant files a rejoinder on jurisdiction. |
August 19, 2022 | The Respondent files observations on the non-disputing party’s written submission. |
August 22, 2022 | The Claimant files observations on the non-disputing party’s written submission. |
August 25, 2022 | The Tribunal issues Procedural Order No. 8 concerning the Respondent’s request for reconsideration of the Tribunal’s decision of August 8, 2022. |
September 1, 2022 | The Tribunal holds a pre-hearing conference with the parties by video conference. |
September 9, 2022 | The Respondent files a request for reconsideration of the Tribunal’s decision of August 25, 2022. |
September 13, 2022 | The Claimant files observations on the Respondent’s request of September 9, 2022. |
September 13, 2022 | The Tribunal issues Procedural Order No. 9 concerning the Respondent’s request for reconsideration of Procedural Order No. 8. |
September 16, 2022 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
October 3, 2022 | The Tribunal issues Procedural Order No. 11 concerning the exclusion of evidence. |
October 8, 2022 - October 14, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
February 2, 2023 | The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing on closing arguments. |
February 6, 2023 | Each party files a post-hearing brief. |
March 1, 2023 | The Tribunal holds a hearing on closing arguments in The Hague. |
September 12, 2023 | The Tribunal issues Procedural Order No. 13 concerning confidentiality matters. |
March 25, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 28, 2024 | The Claimant files observations on the Respondent’s request of March 25, 2024. |
April 3, 2024 | The Tribunal issues Procedural Order No. 14 concerning procedural matters. |
April 10, 2024 | The Respondent files further observations on the Claimant’s response of March 28, 2024. |
April 17, 2024 | The Claimant files a response to the Respondent’s observations of April 10, 2024. |
May 14, 2024 | The Tribunal issues Procedural Order No. 15 concerning the admissibility of new evidence. |
May 31, 2024 | The Tribunal issues a decision on jurisdiction, liability and principles of quantum; attached to the decision is a partial dissenting opinion by arbitrator William Blair. |
September 24, 2024 | The parties’ experts file a joint expert report on quantum. |
September 24, 2024 | Each party files observations on the parties’ experts’ joint expert report on quantum of September 24, 2024. |
October 31, 2024 | Each party files a submission on costs. |