ICSID - International Centre for Settlement of Investment Disputes

09/22/2023 | Press release | Archived content

Sevilla Beheer B.V. and others v. Kingdom of Spain (ICSID Case No. ARB/16/27)

Sevilla Beheer B.V. and others v. Kingdom of Spain (ICSID Case No. ARB/16/27)

  • Subject of Dispute:
    Renewable energy generation enterprise
  • Economic Sector:
    Electric Power & Other Energy
  • Instrument(s) Invoked: (i)
    ECT (Energy Charter Treaty)
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Sevilla Beheer B.V. (Dutch), Spanish project companies (Spanish), Cross Retail S.L. (Spanish), Cordoba Beheer B.V. (Dutch)
  • Respondent(s):
    Kingdom of Spain (Spanish)
  • Date Registered:
    August 12, 2016
  • Date of Constitution of Tribunal:
    February 7, 2017
  • Composition of Tribunal

  • President:
    Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
  • Arbitrators:
    Peter D. CAMERON (British) - Appointed by the Claimant(s)
    Attila TANZI (Italian) - Appointed by the Respondent(s)
  • Initial Composition of Tribunal

  • President:
    Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Secretary-General
  • Arbitrators:
    Rudolf DOLZER (German) - Appointed by the Claimant(s)
    Attila TANZI (Italian) - Appointed by the Respondent(s)
  • Reconstituted:
    May 7, 2020: Peter D. CAMERON (British) appointed following the passing away of Rudolf DOLZER (German)
  • Party Representatives

  • Claimant(s):
    Allen & Overy, Madrid, Spain
  • Respondent(s):
    Abogacía General del Estado, the Ministry of Justice of the Government of Spain
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    May 22, 2023 - The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    September 22, 2023
  • Party Representatives

  • Claimant(s):
    Allen & Overy, Madrid, Spain
  • Respondent(s):
    Departamento de Arbitrajes Internacionales, Madrid, Spain
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Pending
  • Latest Development:
    September 22, 2023 - 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
August 12, 2016 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 20, 2016 Following appointment by the Claimants, Rudolf Dolzer (German) accepts his appointment as arbitrator.
October 9, 2016 Following appointment by the Respondent, Attila Tanzi (Italian) accepts his appointment as arbitrator.
February 7, 2017

The Tribunal is constituted in accordance with the Parties' agreement. Its members are: Raëd Fathallah (Canadian/Lebanese), President, appointed by the Secretary-General; Rudolf Dolzer (German), appointed by the Claimants; and Attila Tanzi (Italian), appointed by the Respondent.

February 7, 2017

Following appointment by the Secretary-General, Raëd Fathallah (Canadian/Lebanese) accepts his appointment as presiding arbitrator.

April 4, 2017 The Tribunal holds a first session by telephone conference.
April 12, 2017 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 30, 2017 The Claimants file a memorial on the merits.
November 24, 2017

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.

February 9, 2018

The Parties file a joint request for the Tribunal to decide on production of documents.

March 2, 2018

The Tribunal issues a decision on production of documents.

July 12, 2018

The Claimants file a reply on the merits and a counter-memorial on jurisdiction.

October 10, 2018

The Respondent files a rejoinder on the merits and reply on jurisdiction.

November 5, 2018

A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

November 26, 2018

Each party files observations on the non-disputing party's application.

December 13, 2018

The Tribunal issues Procedural Order No. 2 concerning the non-disputing party's application of November 5, 2018.

December 19, 2018

The Claimants file a rejoinder on jurisdiction.

February 18, 2019

The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.

March 16, 2019

The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.

March 18, 2019 - March 22, 2019

The Tribunal holds a hearing on jurisdiction and the merits in Paris.

May 21, 2019

Each party files a post-hearing brief.

June 14, 2019

Each Party files a reply post-hearing brief.

July 31, 2019

Each party files a submission on costs.

April 8, 2020

Following the passing away of arbitrator Rudolf Dolzer (German), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).

May 7, 2020

The Tribunal is reconstituted. Its members are Raëd Fathallah (Canadian/Lebanese), President, appointed by the Secretary-General; Peter D. Cameron (British), appointed by the Claimants; and Attila Tanzi (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

March 22, 2021

The Respondent files a request for the Tribunal to decide on the admissibility of new documents.

March 29, 2021

The Claimants file observations on the Respondent's request for the Tribunal to decide on the admissibility of new documents.

March 30, 2021

The Tribunal decides on the admissibility of new documents.

September 9, 2021

The Respondent files a request for the Tribunal to decide on the admissibility of a new document.

September 20, 2021

The Claimant files observations on the Respondent's request of September 9, 2021.

September 22, 2021

The Tribunal decides on the admissibility of a new document.

September 23, 2021

The Respondent files a request for the Tribunal to decide on the admissibility of a new document.

September 29, 2021

The Claimant files observations on the Respondent's request of September 23, 2021.

October 4, 2021

The Tribunal decides on the admissibility of new evidence.

February 11, 2022

The Tribunal issues a decision on jurisdiction, liability and the principles of quantum; attached to the decision is a partial dissenting opinion by arbitrator Peter D. Cameron.

March 25, 2022

The Tribunal issues Procedural Order No. 4 concerning procedural matters.

May 20, 2022

The parties' experts file a joint expert report on quantum.

June 10, 2022

Each party files observations on the parties' experts' joint expert report on quantum of May 20, 2022.

June 29, 2022

The Respondent files a request for reconsideration of the Tribunal's decision on jurisdiction, liability and the principles of quantum of February 11, 2022.

July 7, 2022

The Claimant files observations on the Respondent's Request of June 29, 2022.

August 11, 2022

The Tribunal issues a decision on the Respondent's request of June 29, 2022.

December 27, 2022

The Respondent files a request for reconsideration of the Tribunal's decision on jurisdiction, liability and the principles of quantum of February 11, 2022.

January 16, 2023

The Claimant files observations on the Respondent's Request of December 27, 2022.

January 30, 2023

The Tribunal issues a decision on the Respondent's request of December 27, 2022.

March 6, 2023

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

May 22, 2023

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
September 22, 2023

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.