Infracapital F1 S.à r.l. and Infracapital Solar B.V. v. Kingdom of Spain (ICSID Case No. ARB/16/18)

Following appointment by the Secretary-General pursuant to the parties' agreement, José Emilio Nunes Pinto (Brazilian) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: José Emilio Nunes Pinto (Brazilian), President, appointed by the Secretary-General pursuant to the parties' agreement, Peter D. Cameron (British), appointed by the Claimants; and Luis González García (Mexican), appointed by the Respondent.

The Tribunal holds a first session by telephone conference.

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

The Claimants file a memorial on the merits.

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

Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

The Tribunal issues Procedural Order No. 2 concerning production of documents.

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

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

The Tribunal decides on the non-disputing party's application of November 5, 2018.

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

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

The Claimants file a rejoinder on jurisdiction.

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

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

The Claimants file a request for the exclusion of evidence.

The Respondent files observations on the Claimants' request for the exclusion of evidence.

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

The Tribunal decides on the exclusion of evidence.

The Claimants file observations on the Respondent's request of June 18, 2019.

The Tribunal decides on the admissibility of new evidence.

The Respondent files a response to the Claimants' observations of June 19, 2019.

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

The Respondent files observations on the Claimants' request of July 19, 2019.

The Claimants file observations on the Respondent's request for the exclusion of evidence and further objections to jurisdiction.

The Tribunal issues Procedural Order No. 5 concerning exclusion of evidence and further objections to jurisdiction.

The Respondent files a proposal for disqualification of arbitrator José Emilio Nunes Pinto. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).

Following the resignation of arbitrator José Emilio Nunes Pinto, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is further suspended pursuant to ICSID Arbitration Rule 10(2).

Following the resignation of arbitrator José Emilio Nunes Pinto, Eduardo Siqueiros (Mexican) accepts his appointment as arbitrator, appointed by Secretary-General pursuant to the parties' agreement.

The Tribunal is reconstituted. Its members are Eduardo Siqueiros (Mexican), President, appointed by the Secretary-General pursuant to the parties' agreement; Peter D. Cameron (British), appointed by the Claimants; and Luis González García (Mexican), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

The Respondent files a request for a new hearing.

The Claimants file observations on the Respondent's request of October 24, 2019.

The Respondent files a response to the Claimants' observations of November 1, 2019, including a request for the Tribunal to reconsider Procedural Order No. 5.

The Claimants file further observations on the Respondent's response of November 14, 2019.

The Tribunal issues Procedural Order No. 6 concerning the Respondent's pending requests.

The Respondent files a new objection to jurisdiction.

The Claimants file initial observations on the Respondent's new objection to jurisdiction.

The Tribunal proposes a procedural schedule for the subsequent submissions and for the continuation of the hearing on jurisdiction and the merits.

Each party files observations on the Tribunal's proposal of January 24, 2020.

The Claimants file a response to the Respondent's observations of January 27, 2020.

The Respondent files further observations on the Claimants' response of January 31, 2020.

The Tribunal decides on the procedural and hearing schedules.

The Tribunal holds a continuation of the hearing on jurisdiction and the merits in London.

The Respondent files a submission concerning its new objection to jurisdiction of December 20, 2019.

The Claimants file a response to the Respondent's submission of March 19, 2020.

The Claimants file a post-hearing brief.

The Respondent files a post-hearing brief.

The Claimants file a reply post-hearing brief.

The Respondent files a rejoinder post-hearing brief.

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

The Claimants file observations on the Respondent's request of March 18, 2021.

The Tribunal decides on the admissibility of new evidence.

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

The Claimants file observations on the Respondent's request of September 10, 2021.

The Tribunal decides on the admissibility of new evidence.

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

The Respondent files a request for reconsideration of the Tribunal's Decision of September 13, 2021.

The Claimants file observations on the Respondent's request of October 15, 2021.

The Tribunal issues a decision concerning the Respondent's request of October 15, 2021.

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

Each party files a submission on the areas of disagreement on quantum.

The Respondent files a request for reconsideration of the Tribunal's decisions of September 13, 2021 and February 1, 2022.

The Claimants file observations on the Respondent's request of June 24, 2022.

The Tribunal issues a decision concerning the Respondent's request of June 24, 2022.

The Respondent files a request for reconsideration of the Tribunal's Decision of August 19, 2022.

The Claimants file observations on the Respondent's request of December 27, 2022.

Each party files a submission on costs.

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

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

The Tribunal renders its award.

The Secretary-General registers a request for rectification of the award filed by the Kingdom of Spain.

Infracapital F1 S.à r.l. and Infracapital Solar B.V. file observations on the Kingdom of Spain's request of July 15, 2023.

The Kingdom of Spain files a response to Infracapital F1 S.à r.l. and Infracapital Solar B.V.'s observations of July 12, 2023.

Infracapital F1 S.à r.l. and Infracapital Solar B.V. file a rejoinder on the Kingdom of Spain's request of July 15, 2023.

The Tribunal issues a decision concerning the stay of enforcement of the award.

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

The Tribunal issues a decision on the rectification of the award.

The Secretary-General registers a request for rectification of the award filed by Infracapital F1 S.à r.l. and Infracapital Solar B.V.

The Kingdom of Spain files observations on Infracapital F1 S.à r.l. and Infracapital Solar B.V.'s request of July 16, 2023.

Infracapital F1 S.à r.l. and Infracapital Solar B.V. file a response to the Kingdom of Spain's observations of July 12, 2023.

The Kingdom of Spain files a rejoinder on Infracapital F1 S.à r.l. and Infracapital Solar B.V.'s request of July 16, 2023.

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

The Tribunal issues a decision on the rectification of the award.

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.