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

New
Short Name:

RWE Innogy v. Spain

Case Type:
Investment Protection Disputes, International Investment Agreement (Investor–State)
Seat of Arbitration:
Applicable Treaty:
Energy Charter Treaty (ECT) (1994)
Applicable Legal Instruments:
The Energy Charter Treaty (1994)
Economic Sector:
Energy (power Generation)
Outcome:
In Favour of Claimant(s)
Amount of Damages:
US $34,409,232
See case mapped on Investor-State LawGuide

Available documents

30 Dec 2019
Decision on jurisdiction, liability and certain issues of quantum
Document Details:
PARTICIPANTS
Decision on jurisdiction, liability and certain issues of quantum
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Judd Kessler
Respondent appointee
Respondent appointee:
Anna Joubin-Bret
Tribunal/Panel chair
Chair/President:
Samuel Sherratt Wordsworth
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Antonio Vázquez-Guillén, Marie Stoyanov, Virginia Allan, David Ingle, Pablo Torres, Patricia Rodríguez, Allen & Overy, Jeffrey Sullivan, Gibson Dunn & Crutcher
Respondent's counsel
José Manuel Gutiérrez Delgado, Elena Oñoro Sainz, Roberto Fernández Castilla, María José Ruíz Sánchez, Diego Santacruz Descartin, Antolin Fernandez Antuña, Javier Torres Gella, Amaia Rivas Kortazar, Patricia Froehlingsdorf Nicolás, Pablo Elena Abad, Alberto Torró Molés, Rafael Gil Nievas, Alicia Segovia Marco, Office of Attorney General
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on jurisdiction, liability and certain issues of quantum
This summary note is machine-generated. Always consult the original materials.


18 Dec 2020
Award of the Tribunal
Award of the Tribunal (Spanish)
Document provided by: ICSID Website
Document Details:
PARTICIPANTS
Award of the Tribunal
Award of the Tribunal (Spanish)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Judd Kessler
Respondent appointee
Respondent appointee:
Anna Joubin-Bret
Tribunal/Panel chair
Chair/President:
Samuel Sherratt Wordsworth
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award of the Tribunal
Award of the Tribunal (Spanish)
This summary note is machine-generated. Always consult the original materials.


9 Dec 2021
Petition to Enforce Arbitration Award
Document Details:
PARTICIPANTS
Petition to Enforce Arbitration Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Patrick W. Pearsall, Bradley S. Pensyl, Laila Delimustafic
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Allen & Overy, RWE Innogy GmbH, RWE Innogy Aersa S.A.U., Spain
Document Summary
Petition to Enforce Arbitration Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition to Enforce an Arbitral Award filed by RWE Renewables GmbH and RWE Renewables Iberia S.A.U. against the Kingdom of Spain in the United States District Court for the District of Columbia. The Petitioners seek the recognition and enforcement of a €28.08 million arbitral award rendered on December 18, 2020, in ICSID Case No. ARB/14/34, pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) and the Energy Charter Treaty (ECT).

Legal Issues and Parties' Positions

The Petitioners assert that the District Court possesses subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1330(a), arguing that Spain waived its sovereign immunity by becoming a contracting party to the ICSID Convention and the ECT. The Petitioners further rely on 22 U.S.C. § 1650a, which mandates that federal courts enforce the pecuniary obligations of ICSID awards with the same full faith and credit as final judgments of state courts, precluding collateral substantive attacks on the award's merits.

Requested Relief

The Petitioners request the entry of a judgment enforcing the arbitral award, including the principal damages of €28,080,000, pre-award and post-award interest compounded monthly at 2.07 percent, and apportioned costs of the arbitration proceedings. The Petitioners acknowledge the provisional stay of enforcement issued by the ICSID ad hoc committee pending Spain's annulment application and stipulate that they will refrain from moving for final judgment until the stay is formally lifted.
24 Mar 2023
Claimant Motion for Preliminary Injunction before the US District Court for the District of Columbia
Memorandum in Support of Claimant Motion before the US District Court for the District of Columbia
Document provided by: Investor-State LawGuide
Document Details:
PARTICIPANTS
Claimant Motion for Preliminary Injunction before the US District Court for the District of Columbia
Memorandum in Support of Claimant Motion before the US District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant Motion for Preliminary Injunction before the US District Court for the District of Columbia
Memorandum in Support of Claimant Motion before the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


4 Apr 2023
Temporary Order from the Higher Regional Court Hamm Restricting Proceedings
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Temporary Order from the Higher Regional Court Hamm Restricting Proceedings
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Germany
Print reporter
Entities
Document Summary
Temporary Order from the Higher Regional Court Hamm Restricting Proceedings
This summary note is machine-generated. Always consult the original materials.


13 Apr 2023
Order of the United States District Court for the District of Columbia
Document provided by: Jus Mundi
Document Details:
PARTICIPANTS
Order of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Order of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


20 Mar 2024
Decision on Annulment
Document provided by: Investor State Law Guide
Document Details:
PARTICIPANTS
Decision on Annulment
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Chair/President:
Carita Wallgren-Lindholm
Arbitrator(s)
Colm Ó hOisín
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Annulment
This summary note is machine-generated. Always consult the original materials.


12 Apr 2024
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (German)
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (English Translation)
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (German)
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (English Translation)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (German)
Judgment of German Regional Court of Essen Re Spain’s Anti-suit Injunction Request (English Translation)
This summary note is machine-generated. Always consult the original materials.