Case Details

Spanish Solar 1 Limited and Spanish Solar 2 Limited v. Kingdom of Spain (ICSID Case No. ARB/21/39)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

ECT (Energy Charter Treaty)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Spanish Solar 1 Limited (Irish), Spanish Solar 2 Limited (Irish)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

August 3, 2021
Date of Constitution of Tribunal:

December 9, 2021

Composition of Tribunal

President:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Parties
Arbitrators:

José A. MARTÍNEZ DE HOZ (Argentine) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Osborne Clarke, London, U.K., Madrid, Spain, and Cologne, Germany
Respondent(s):

Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

July 26, 2024 - Each party files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
August 3, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
October 15, 2021	Following appointment by the Claimants, José A. Martínez de Hoz (h.) (Argentine) accepts his appointment as arbitrator.
October 21, 2021	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
December 9, 2021	Following appointment by agreement of the parties, David J. A. Cairns (British/New Zealand) accepts his appointment as presiding arbitrator.
December 9, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David J. A. Cairns (British/New Zealand), President, appointed by agreement of the parties; José A. Martínez de Hoz (h.) (Argentine), appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
January 28, 2022	The Tribunal holds a first session by video conference.
February 9, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 27, 2022	The Claimants file a memorial on the merits.
September 15, 2022	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 23, 2022	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
November 28, 2022	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
December 19, 2022	The Respondent files a counter-memorial on quantum.
July 11, 2023	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
July 18, 2023	The Claimants file a reply on the merits and counter-memorial on jurisdiction.
October 18, 2023	The Respondent files a rejoinder on the merits and reply on jurisdiction.
November 13, 2023	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
December 11, 2023	The Tribunal issues Procedural Order No. 5 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 22, 2024	The Claimants file a rejoinder on jurisdiction.
April 30, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
May 8, 2024	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
May 21, 2024 - May 26, 2024	The Tribunal holds a hearing on jurisdiction and the merits in London and by video conference.
June 7, 2024	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
July 26, 2024	Each party files a post-hearing brief.