UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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9REN Holding S.À.R.L.,
v. Kingdom of Spain,
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The Hon. Tanya S. Chutkan |
Joint Status Report
Pursuant to the Court’s Minute Order dated September 30, 2020, Plaintiff, 9REN Holding S.À.R.L. (“9REN”), and Defendant, the Kingdom of Spain ("Spain") (collectively, the “Parties”), submit this Joint Status Report regarding the ongoing annulment proceedings in 9Ren Holding S.a.r.l. v. Kingdom of Spain, ICSID Case No. ARB/15/15 (“Annulment Proceedings”).
On April 7, 2020, the ICSID Secretary-General registered Spain's Application for Annulment of the Award dated May 31, 2019 (“Award”) issued by the Arbitral Tribunal in 9Ren Holding S.a.r.l. v. Kingdom of Spain, ICSID Case No. ARB/15/15, and provisionally stayed enforcement of the Award. The Secretary-General also requested the Chairman of the Administrative Council of ICSID to appoint the members of the ad hoc Committee (“Committee”) constituted to decide Spain's Application for Annulment.
On June 8, 2020, the Committee was constituted in accordance with Article 52(3) of the ICSID Convention.
On July 20, 2020, the Committee, together with the Parties, held the first procedural session of the Annulment Proceedings by video conference.
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On July 20, 2020, Spain filed a request to continue the stay of enforcement of the Award.
On July 23, 2020, the Committee issued Procedural Order No. 1 concerning procedural matters for the Annulment Proceedings.
On August 3, 2020, 9REN filed its observations (“9REN’s Observations”) on Spain’s request to continue the stay of enforcement of the Award.
On August 13, 2020, Spain filed a response (“Spain’s Response”) to 9REN’s Observations.
On August 24, 2020, 9REN filed its further observations on Spain’s Response.
The Parties have fully briefed Spain's application to continue the provisional stay of enforcement, and are awaiting a decision from the Committee on the Parties’ written submissions.
Briefing on the merits of Spain's Application for Annulment is scheduled to begin on October 30, 2020, with the filing of Spain's Memorial, and to conclude on July 27, 2021, with the filing of 9REN’s Rejoinder. The Committee has scheduled a hearing for oral arguments in the Annulment Proceedings to be held in the week of September 27, 2021.
No other developments have occurred in the Annulment Proceedings, which remain pending before the ICSID Committee.
Dated: October 30, 2020
Respectfully submitted,
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KING & SPALDING LLP By: /s/ James E. Berger |
SQUIRE PATTON BOGGS (US) LLP By: /s/ Miriam K. Harwood |
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1185 Avenue of the Americas Attorneys for Plaintiff |
Eridania Perez-Jaquez (PHV granted -and- Mitchell R. Berger (D.C. Bar No. 385467) -and- Raúl B. Mañón (PHV granted 01/15/2019) Attorneys for Defendant |
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CERTIFICATE OF SERVICE
I hereby certify that on October 30, 2020, I electronically filed the foregoing pleading with the Clerk of Court using the CM/ECF system and thereby served electronic copy upon counsel of record.
/s/ Miriam K. Harwood