Arbitral Digest

Matter

RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Kingdom of Spain (ICSID Case No. ARB/14/34)

Case no.
ARB/14/34
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 15 December 2015United States

    15 December 2015United States

    Procedural Order No. 1 dated 15 December 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the Parties' agreement on procedural matters and decided that the applicable Arbitration Rules would be those in effect from 10 April 2006. It also decided that the place of proceeding would be the seat of the Centre in Washington, D.C.

    Supporting details

    3 participants
    RWE Innogy GmbH
    RWE Innogy Aersa S.A.U.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    4 years and 15 days later · 1476 days

  2. 30 December 2019United States

    30 December 2019United States

    Decision on Jurisdiction, Liability, and Certain Issues of Quantum dated 30 December 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it lacked jurisdiction over the claims concerning the two taxation measures introduced by Law 15/2012, rejected the other jurisdictional objections, found breaches of Article 10(1) of the Energy Charter Treaty concerning repayment of sums previously paid and disproportionate measures affecting specified plants, dismissed all other claims and requests, and reserved the final determination of damages, interest, tax and costs.

    Supporting details

    1 authority · 3 participants
    RWE Innogy GmbH
    RWE Innogy Aersa S.A.U.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Energy Charter Treaty, adopted 17 December 1994
      treaty

    11 months and 18 days later · 354 days

  3. 18 December 2020United States

    18 December 2020United States

    Award dated 18 December 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal awarded the Claimants EUR 28,080,000 in compensation and compound interest at 2.07% from 30 June 2014 until full payment. It ordered Spain to bear the arbitration costs, reimburse USD 623,886.96 for the Claimants' advances to ICSID and EUR 2,373,909.24 for legal fees and other costs and expenses from the jurisdiction and liability phase, and dismissed all other claims and requests.

    Supporting details

    2 authorities · 7 participants
    RWE Innogy GmbH
    RWE Innogy Aersa S.A.U.
    Kingdom of Spain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Judd L. Kessler

    Authorities cited

    2
    • Energy Charter Treaty, adopted 17 December 1994
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 18 March 1965)
      convention

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RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Kingdom of Spain (ICSID Case No. ARB/14/34) · Matter