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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September 24, 2024 - Each party files observations on the parties’ experts’ joint expert report on quantum of September 24, 2024.
(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. |