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International Arbitration Forum

TS Villalba GmbH and others v. Kingdom of Spain

Case summary

At a glance

Parties
TS Villalba GmbH and others v. Kingdom of Spain
Case no.
ICSID Case No. ARB/21/43
Forum and rules
ICSID Convention arbitration; ICSID Arbitration Rules
Tribunal
Never fully constituted. Party-appointed arbitrators: D. Brian King (by the Claimants) and Paul Sreenan (by Spain). No President was appointed.
Outcome
Discontinued at the Claimants' request under ICSID Arbitration Rule 44, with no objection from Spain. The ICSID Secretary-General took note of the discontinuance by an order dispatched on 24 March 2022.

The dispute

TS Villalba GmbH and other claimants started ICSID proceedings against the Kingdom of Spain under the ICSID Convention. The published order does not describe the investment, the measures complained of, the legal basis of the claims or Spain's defences. The order deals only with the procedure. The Claimants and Spain each appointed an arbitrator, but they could not agree on a President. The Claimants then asked to discontinue the proceeding before the Tribunal was constituted.

Key holdings

  1. The Claimants appointed D. Brian King and Spain appointed Paul Sreenan. The parties exchanged lists of candidates for President, and on 10 January 2022 each side rejected the other's list. As a result, the Tribunal was never constituted. pp. 1–2
  2. The Claimants asked for discontinuance on 14 March 2022 under Rule 44. Spain was given until 21 March 2022 to object, and on 15 March 2022 it stated that it had no objection. p. 2
  3. Because the Tribunal had not been constituted, the Secretary-General acted under Rule 44 of the ICSID Arbitration Rules and took note of the discontinuance of the proceeding. p. 3

Procedural history

  1. 30 August 2021ICSID receives the Request for Arbitration.
  2. 16 September 2021ICSID registers the Request.
  3. 6–25 October 2021The parties agree on how the Tribunal will be constituted: three arbitrators, with the President to be chosen by agreement.
  4. 27 October 2021The Claimants appoint D. Brian King.
  5. 17 November 2021Spain appoints Paul Sreenan.
  6. 10 January 2022Each party rejects the other's list of candidates for President.
  7. 14 March 2022The Claimants ask for the proceeding to be discontinued under Arbitration Rule 44. On 15 March 2022 Spain states that it has no objection.
  8. 24 March 2022The Secretary-General issues an order taking note of the discontinuance.

Tribunal, counsel and experts

Decided by
  • D. Brian King Co-arbitrator — appointed by the claimant (appointed 27 October 2021; tribunal never constituted)
  • Paul Sreenan Co-arbitrator — appointed by the respondent (appointed 17 November 2021; tribunal never constituted)
  • Meg Kinnear ICSID Secretary-General, ICSID Secretary-General (issued the order taking note of discontinuance)
For the claimant
King & Spalding LLP · Gómez-Acebo & Pombo
For the respondent
Abogacía General del Estado

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Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
ICSID Case No. ARB/21/43
Country
Outcome
Discontinued
Treaty
Energy Charter Treaty
Section