ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
02/13/2024 | Press release | Distributed by Public on 02/14/2024 07:49
Mathias Kruck and others v. Kingdom of Spain (ICSID Case No. ARB/15/23)
Mathias Kruck and others v. Kingdom of Spain (ICSID Case No. ARB/15/23)
Proceeding
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Subject of Dispute:Renewable energy generation enterprise
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Economic Sector:Electric Power & Other Energy
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Instrument(s) Invoked: (i)ECT (Energy Charter Treaty)
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)Mathias Kruck (German), Ralf Hofmann (German), Frank Schumm (German), Peter Flachsmann (German), Rolf Schumm (German), Joachim Kruck (German)
See attached full list of Claimants -
Respondent(s):Kingdom of Spain (Spanish)
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Date Registered:June 4, 2015
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Date of Constitution of Tribunal:January 19, 2016
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Composition of Tribunal
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President:Vaughan LOWE (British) - Appointed by the Parties
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Arbitrators:Michael C. PRYLES (Australian, Austrian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)
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Initial Composition of Tribunal
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President:Vaughan LOWE (British) - Appointed by the Parties
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Arbitrators:Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian) - Appointed by the Respondent(s) -
Reconstituted:August 8, 2018: Michael C. PRYLES (Australian) appointed following the resignation of Gary B. BORN (U.S.)
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Party Representatives
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Claimant(s):Gomez-Acebo & Pombo, Madrid, Spain
King & Spalding, Paris, France -
Respondent(s):Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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Language(s) of Proceeding:English,Spanish
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Status of Proceeding:Concluded
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Outcome of Proceeding:October 6, 2023 - The Tribunal renders its award.
(b) Annulment Proceeding
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Applicant(s)/Requesting Party(ies): (i)Respondent(s)
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Date Registered:February 13, 2024
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Party Representatives
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Claimant(s):Gomez-Acebo & Pombo, Madrid, Spain
King & Spalding, Paris, France -
Respondent(s):Abogacía General del Estado, The Ministry of Justice of the Government of Spain, Madrid, Spain
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Status of Proceeding:Pending
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Latest Development:February 13, 2024 - The 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.
No References Available.
(a) Original Proceeding
| Date | Development |
| June 4, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
| August 11, 2015 | Following appointment by the Claimants, Gary B. Born (U.S.) accepts his appointment as arbitrator. |
| October 19, 2015 | Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator. |
| January 18, 2016 | Following appointment by agreement of the parties, Vaughan Lowe (British) accepts his appointment as presiding arbitrator. |
| January 19, 2016 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Vaughan Lowe (British), President, appointed by agreement of the parties; Gary Born (U.S.), appointed by the Claimants; and Zachary Douglas (Australian), appointed by the Respondent. |
| February 19, 2016 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| March 2, 2016 | The Claimants file observations on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| March 14, 2016 | The Tribunal issues a decision on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
| March 15, 2016 | The Tribunal holds a first session by telephone conference. |
| March 30, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| April 18, 2016 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
| May 5, 2016 | Each party files observations on the non-disputing party's application. |
| May 13, 2016 | The Tribunal decides on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
| June 27, 2016 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
| July 28, 2016 | The Claimants file a memorial on the merits. |
| July 29, 2016 | The Claimants file observations on the non-disputing party's written submission. |
| October 31, 2016 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
| January 31, 2017 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
| April 26, 2017 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
| June 27, 2017 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
| July 23, 2017 | The Claimants file a rejoinder on jurisdiction. |
| February 8, 2018 |
The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
| February 13, 2018 |
The Respondent files a proposal for disqualification of arbitrator Gary Born. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
| February 20, 2018 |
The Claimants file observations on the proposal for disqualification. |
| February 27, 2018 |
The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
| March 5, 2018 |
Each party files additional observations on the proposal for disqualification. |
| March 16, 2018 |
The proposal for disqualification of Tribunal member Gary B. Born is declined by the other two members of the Tribunal. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6). |
| March 27, 2018 |
The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
| March 29, 2018 |
The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
| March 30, 2018 |
The Tribunal decides on the Respondent's request of March 27, 2018 and the Claimants' request of March 29, 2018. |
| June 25, 2018 |
Following the resignation of arbitrator Gary Born, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
| August 8, 2018 |
Following the resignation of arbitrator Gary Born (U.S.), Michael Pryles (Australian) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1). |
| August 8, 2018 |
The Tribunal is reconstituted. Its members are Vaughan Lowe (British), President, appointed by the parties; Michael Pryles (Australian), appointed by the Claimants; and Zachary Douglas (Australian) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rules 12. |
| April 16, 2019 |
The Respondent files a proposal for disqualification of arbitrator Vaughan Lowe. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
| April 26, 2019 |
The Claimants file observations on the proposal for disqualification. |
| April 28, 2019 |
The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
| May 6, 2019 |
The parties file additional observations on the proposal for disqualification. |
| May 14, 2019 |
The proposal for disqualification of arbitrator Vaughan Lowe is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
| May 24, 2019 |
The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
| May 28, 2019 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| May 29, 2019 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| May 30, 2019 |
The Tribunal decides on the admissibility of new evidence. |
| May 31, 2019 |
The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
| June 3, 2019 - June 7, 2019 |
The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
| September 19, 2019 |
Each party files a post-hearing brief. |
| December 4, 2019 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| December 18, 2019 |
The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
| January 9, 2020 |
The Respondent files observations on the Claimants' request of December 18, 2019. |
| January 24, 2020 |
The Tribunal decides on the admissibility of new evidence. |
| January 30, 2020 |
The Claimants file a request for the Tribunal to decide on the admissibility of new documents. |
| February 11, 2020 |
The Respondent files observations on the Claimants' request of January 30, 2020. |
| March 5, 2020 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| March 9, 2020 |
The Claimants file observations on the Respondent's request of March 5, 2020. |
| March 11, 2020 |
The Tribunal decides on the admissibility of new evidence. |
| June 16, 2020 |
The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
| June 19, 2020 |
The Tribunal decides on the admissibility of new evidence. |
| April 19, 2021 |
The Tribunal issues a decision on jurisdiction and admissibility. |
| June 4, 2021 |
The Claimants file a supplemental post-hearing brief. |
| July 16, 2021 |
The Respondent files a supplemental post-hearing brief. |
| September 30, 2021 |
The Respondent files a request for reconsideration of the Tribunal's Decision of April 19, 2021. |
| October 29, 2021 |
The Claimants file observations on the Respondent's request of September 30, 2021. |
| December 6, 2021 |
The Tribunal decides on the Respondent's request of September 30, 2021. |
| February 21, 2022 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| March 1, 2022 |
The Tribunal decides on the admissibility of new evidence. |
| June 24, 2022 |
The Respondent files a request for reconsideration of the Tribunal's Decision of April 19, 2021 and the Tribunal's Decision of December 6, 2021. |
| July 11, 2022 |
The Claimants file observations on the Respondent's request of June 24, 2022. |
| July 25, 2022 |
The Tribunal decides on the Respondent's request of June 24, 2022. |
| September 14, 2022 |
The Tribunal issues a decision on jurisdiction, liability and quantum; attached to the decision is a partial dissenting opinion by arbitrator Zachary Douglas. |
| December 27, 2022 |
The Respondent files a request for reconsideration of the Tribunal's Decision of September 14, 2022. |
| January 31, 2023 |
The Claimants file observations on the Respondent's request of December 27, 2022. |
| February 22, 2023 |
The Tribunal decides on the Respondent's request of December 27, 2022. |
| May 3, 2023 |
Each party files a submission on costs. |
| September 11, 2023 |
The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
| October 6, 2023 |
The Tribunal renders its award. |
(b) Annulment Proceeding
| Date | Development |
| February 13, 2024 |
The 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. |