ICSID - International Centre for Settlement of Investment Disputes

09/30/2024 | Press release | Distributed by Public on 09/30/2024 14:06

Canepa Green Energy Opportunities I, S.à r.l. and Canepa Green Energy Opportunities II, S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/19/4)

Canepa Green Energy Opportunities I, S.à r.l. and Canepa Green Energy Opportunities II, S.à r.l. v. Kingdom of Spain (ICSID Case No. ARB/19/4)

  • 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)
    Canepa Green Energy Opportunities I, S.à r.l. (Luxembourg), Canepa Green Energy Opportunities II, S.à r.l. (Luxembourg)
  • Respondent(s):
    Kingdom of Spain (Spanish)
  • Date Registered:
    February 25, 2019
  • Date of Constitution of Tribunal:
    September 11, 2019
  • Party Representatives

  • Claimant(s):
    A&O Shearman, Madrid, Spain
  • Respondent(s):
    Abogacía General del Estado, Ministry of Justice of the Government of Spain, Madrid, Spain
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    May 31, 2024 - The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    September 30, 2024
  • Party Representatives

  • Claimant(s):
    A&O Shearman, Madrid, Spain
  • Respondent(s):
    Abogacía General del Estado, Ministry of Justice of the Government of Spain, Madrid, Spain
  • Status of Proceeding:
    Pending
  • Latest Development:
    September 30, 2024 - The Acting 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.

(a) Original Proceeding

Published Decisions

Procedural Order No. 3 (Decision on Bifurcation) and Dissenting Opinion of Silvina Gonzalez Napolitano(English;)

(a) Original Proceeding

Date Development
February 25, 2019

The Secretary-General registers a request for the institution of arbitration proceedings.

May 8, 2019

Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator.

May 17, 2019

Following appointment by the Respondent, Silvina González Napolitano (Argentine) accepts her appointment as arbitrator.

September 11, 2019

Following appointment by agreement of the parties, Sean Murphy (U.S.) accepts his appointment as presiding arbitrator.

September 11, 2019

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Sean Murphy (U.S.), President, appointed by agreement of the Parties; Peter Rees (British), appointed by the Claimants; and Silvina González Napolitano (Argentine), appointed by the Respondent.

October 2, 2019

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

October 11, 2019

The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).

October 18, 2019

The Claimants file observations on the proposal for disqualification.

October 21, 2019

The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).

October 31, 2019

The Respondent files further comments regarding the proposal for disqualification.

November 19, 2019

The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).

November 27, 2019

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

December 10, 2019

The Respondent files a proposal for disqualification of arbitrator Peter Rees. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).

December 20, 2019

The Claimants file observations on the proposal for disqualification.

December 23, 2019

The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).

January 17, 2020

The Respondent files further comments regarding the proposal for disqualification.

February 10, 2020

The proposal for disqualification of arbitrator Peter Rees is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).

February 12, 2020

The Majority of the Tribunal issues a decision on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

February 14, 2020

A non-disputing party files a request for reconsideration of the Majority of the Tribunal's decision of February 12, 2020.

February 28, 2020

The Tribunal holds a first session by telephone conference.

March 5, 2020

The Majority of the Tribunal issues a decision on the non-disputing party's request for reconsideration of February 14, 2020.

March 5, 2020

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

March 6, 2020

The Tribunal issues Procedural Order No. 2 concerning procedural matters.

May 29, 2020

The Claimants file a memorial on the merits.

July 10, 2020

The Respondent files a request to address the objections to jurisdiction as a preliminary question.

August 7, 2020

The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.

August 28, 2020

The Tribunal issues Procedural Order No. 3 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question. Attached to the procedural order is a partial dissenting opinion by arbitrator Silvina González Napolitano.

November 6, 2020

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

February 26, 2021

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

March 9, 2021

The Tribunal issues Procedural Order No. 4 concerning production of documents.

May 21, 2021

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

July 9, 2021

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

August 3, 2021

The Tribunal issues Procedural Order No. 5 concerning procedural matters.

August 6, 2021

The Claimants file a rejoinder on jurisdiction.

August 13, 2021

The Tribunal issues Procedural Order No. 6 concerning procedural matters.

March 14, 2022

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

March 22, 2022 The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
March 22, 2022

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

March 25, 2022

The Claimants file observations on the Respondent's request of March 22, 2022.

March 29, 2022

The Tribunal decides on the Respondent's request of March 22, 2022.

April 25, 2022 - April 29, 2022

The Tribunal holds a hearing on jurisdiction and the merits by video conference.

May 6, 2022

The Tribunal issues Procedural Order No. 8 concerning procedural matters.

June 16, 2022

The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.

June 20, 2022

The Respondent files observations on the Claimants' request of June 16, 2022.

June 22, 2022

The Tribunal decides on the Claimants' request of June 16, 2022.

June 30, 2022

Each party files a post-hearing brief.

July 28, 2022

Each party files a reply post-hearing brief.

October 30, 2023

The Tribunal issues a decision on jurisdiction, admissibility, liability and general directions with respect to quantum; attached to the decision is a partial dissenting opinion by arbitrator Silvina S. González Napolitano.

October 30, 2023

The Tribunal issues Procedural Order No. 9 concerning quantum.

January 24, 2024

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

March 8, 2024

The parties' experts file an update to their joint expert report on quantum.

March 15, 2024

Each party files a submission on costs.

April 1, 2024

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

April 8, 2024

Each party files a response to the other party's observations of April 1, 2024.

May 31, 2024

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
September 30, 2024

The Acting 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.