Eurus Energy Holdings Corporation v. Kingdom of Spain (ICSID Case No. ARB/16/4)

Following appointment by agreement of the parties, James Crawford (Australian) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with 37(2)(a) of the ICSID Convention. Its members are: James Crawford (Australian), President, appointed by agreement of the parties; Oscar Garibaldi (Argentine/U.S.), appointed by the Claimants; and Andrea Giardina (Italian), appointed by the Respondent.

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

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

The Claimants file a rejoinder on jurisdiction.

The Claimants request to introduce into the record certain documentary evidence.

The Respondent responds and requests to introduce into the record certain documentary evidence.

The Claimants respond to the Respondent's request of April 17, 2018.

The Tribunal issues Procedural Order No. 3 on the admissibility of new evidence.

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

The Tribunal issues Procedural Order No. 4 concerning the withdrawal of claims.

The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.

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

Each party files a submission on costs.

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

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

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

The Claimant files further observations on the non-disputing party's application.

The Respondent files further observations on the non-disputing party's application.

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).

A non-disputing party files a request to alter the Tribunal's Procedural Order No. 6 dated December 21, 2018.

Each party files observations on the non-disputing party's request of January 4, 2019.

The Tribunal issues Procedural Order No. 7 concerning the non-disputing party's request of January 4, 2019.

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

Each party files further observations on the non-disputing party's request of January 4, 2019.

The Claimant files observations on the Respondent's request of January 25, 2019.

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

The Claimant files observations on the Respondent's request of April 11, 2019.

The Respondent files further observations to its request of April 11, 2019.

The Claimant files further observations on the Respondent's request of April 11, 2019.

The Tribunal decides on the admissibility of new documents.

The Claimant files comments on a new document.

The Respondent files comments on a new document.

The Respondent files comments on new documents.

The Claimant files comments on new documents.

The Claimant files comments on a new document.

The Respondent files comments on a new document.

The Respondent files comments on a new document.

The Claimant files comments on a new document.

The Respondent files comments on a new document.

The Claimant files comments on a new document.

The Respondent files comments on a new document.

The Claimant files comments on a new document.

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

The Claimant files observations on the Respondent's request of March 9, 2020.

The Tribunal decides on the admissibility of a new document.

The Respondent files a new document.

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

The Claimant files observations on the Respondent's request of June 17, 2020.

The Tribunal decides on the admissibility of a new document.

The Respondent files a new document.

The Respondent files comments on a new document.

The Claimant files comments on a new document.

The Tribunal issues a decision on jurisdiction and liability; attached to the decision is a partial dissenting opinion by arbitrator Oscar M. Garibaldi.

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

The Tribunal is reconstituted. Its members are: Anne Hoffmann (German), President, appointed by the Secretary-General pursuant to the parties' agreement; Oscar Garibaldi (Argentine/U.S.), appointed by the Claimant; and Andrea Giardina (Italian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

Each party files a submission on quantum.

The Tribunal poses questions to the parties.

Each party files answers to the questions posed by the Tribunal on January 21, 2022.

Each party files a submission on costs.

Each party files observations on the other party's submission on costs.

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 Eurus Energy Holdings Corporation.

Eurus Energy Holdings Corporation files a submission on the rectification or supplementation of the arbitral award.

The Kingdom of Spain files a response to Eurus Energy Holdings Corporation's submission of January 30, 2023.

Each party files a submission on costs.

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 46 and 49(4).

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.