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Berkeley Exploration Ltd. v. Kingdom of Spain, ICSID Case No. ARB/24/22

New
Short Name:

Berkeley Exploration v. Spain

Case Type:
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)

Available documents

17 Nov 2022
Claimant's Press Release on Notice of Dispute
Document Details:
PARTICIPANTS
Claimant's Press Release on Notice of Dispute
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's Press Release on Notice of Dispute
This summary note is machine-generated. Always consult the original materials.


10 Apr 2024
Berkeley's Press Release
Document Details:
PARTICIPANTS
Berkeley's Press Release
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
Berkeley's Press Release
This summary note is machine-generated. Always consult the original materials.


28 May 2024
Claimant's Press Release on Request for Arbitration
Document Details:
PARTICIPANTS
Claimant's Press Release on Request for Arbitration
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
Herbert Smith Freehills, LCS Abogados
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's Press Release on Request for Arbitration
This summary note is machine-generated. Always consult the original materials.


6 Feb 2026
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
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
Berkeley Exploration Ltd., Spain
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a corporate news release issued by Berkeley Energia Limited on February 6, 2026, announcing a significant procedural milestone in its ongoing investment treaty arbitration against the Kingdom of Spain before the International Centre for Settlement of Investment Disputes (ICSID).

The release confirms that the claimant’s wholly owned subsidiary, Berkeley Exploration Limited, has formally filed its Memorial of Claim. The dispute arises under the Energy Charter Treaty (ECT) and concerns Spain's actions regarding the claimant's Spanish subsidiary, Berkeley Minera España SA, and the Salamanca Project. In its Memorial, the claimant seeks compensation in the quantum of approximately US$1.25 billion.

The filing encompasses the factual background of the dispute, the legal basis for the claims under the ECT, witness statements, and independent expert reports addressing technical, regulatory, and quantum assessments. Procedurally, the release notes that Spain is scheduled to submit its Counter-Memorial by July 2026, or alternatively, a Memorial on Jurisdiction by October 2026, should the ICSID tribunal elect to bifurcate the proceedings to determine jurisdictional objections prior to the merits of liability and damages.
29 Jun 2026
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
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
Berkeley Exploration Ltd., Spain
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a corporate news release issued by Berkeley Energia Limited on 29 June 2026, providing a procedural update on its ongoing International Centre for Settlement of Investment Disputes (ICSID) arbitration against Spain. The dispute arises under the Energy Charter Treaty (ECT) in connection with the Salamanca Project.

Procedural Developments and Bifurcation

The release confirms that the Claimant filed its Memorial of Claim in February 2026, seeking compensation in the amount of US$1.25 billion for alleged multiple violations of the ECT. The Memorial included the factual background, the legal basis for the claims, witness statements, and independent expert reports addressing technical, regulatory, and quantum matters.

Following the submission of the Memorial, the Respondent filed a request to bifurcate the proceedings pursuant to the ICSID Convention and Arbitration Rules. The Tribunal subsequently granted the request, directing that the proceedings be bifurcated into two distinct phases. The first phase will exclusively address the Respondent's jurisdictional objections concerning the denial of benefits. The second phase, if necessary, will address the merits of the claims and the quantum of damages. An updated procedural timetable is pending.