Landesbank Baden-Württemberg and Others v. Kingdom of Spain (ICSID Case No. ARB/15/45)

Procedural record

1. 15 December 2020Arbitration

   15 December 2020Arbitration

   Decision on the Second Proposal to Disqualify All Members of the Tribunal

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Chair of the ICSID Administrative Council rejected the Respondent's second proposal to disqualify all members of the Tribunal. The first ground was timely but rejected on the merits; the second ground was untimely and, in any event, rejected in its entirety.

   Participants

   Landesbank Baden-Württemberg

   HSH Nordbank AG

   Landesbank Hessen-Thüringen Girozentrale

   Norddeutsche Landesbank-Girozentrale

   Kingdom of Spain

   International Centre for Settlement of Investment Disputes

   Institutional administrator

   David Malpass

   Arbitrator

   Sir Christopher Greenwood

   Arbitrator

   Charles Poncet

   Arbitrator

   Rodrigo Oreamuno

   Authorities cited

   5

   • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention, 18 March 1965)
     statute
   • Energy Charter Treaty
     statute
   • Blue Bank International & Trust (Barbados) Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/20, Annulment Proceeding, Decision on the Proposal to Disqualify Mr. Alvaro Castellanos Howell, 2 March 2018)
     case-law
   • BSG Resources Limited, BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL v. Republic of Guinea (ICSID Case No. ARB/14/22, Decision on the Proposal to Disqualify All Members of the Arbitral Tribunal, 28 December 2016)
     case-law
   • Vattenfall AB and Others v. Federal Republic of Germany (ICSID Case No. ARB/12/12, Decision of the Chairman of the Administrative Council, 8 July 2020)
     case-law