Japan

Japan

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2020 Macro Trading v. China Macro Trading Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/20/22) China - Japan BIT (1988) ICSID ICSID Investment: Investments in a large-scale property development project.

Summary:
Investments in a large-scale property development project. Discontinued China Japan Tertiary: F - Construction 41 - Construction of buildings Kaufmann-Kohler, G. - President

Sapiro, M. - Claimant

Tomka, P. - Respondent (replaced)

Knieper, R. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) dated 10 September 2021 None None None None None None
2 2020 Mitsui v. Spain Mitsui & Co., Ltd. v. Kingdom of Spain (ICSID Case No. ARB/20/47) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in the construction and operation of a solar power plant at Palma del Río in the Córdoba region, via joint venture enterprise Guzmán Energía.

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector.
Investments in the construction and operation of a solar power plant at Palma del Río in the Córdoba region, via joint venture enterprise Guzmán Energía. Pending Spain Japan Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Affaki, G. - President

Gotanda, J. Y. - Claimant

Blair, W. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
3 2018 Itochu v. Spain Itochu Corporation v. Kingdom of Spain (ICSID Case No. ARB/18/25) The Energy Charter Treaty (1994) ICSID ICSID Investment:

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.
Pending Spain Japan Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kronke, H. - President

Reichert, K. - Claimant

Malintoppi, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
4 2017 Nissan v. India Nissan Motor Co., Ltd. v. Republic of India (PCA Case No. 2017-37) India - Japan EPA (2011) UNCITRAL PCA Investment: 70 per cent share in Renault Nissan Automotive India Private Limited, a consortium that built an industrial automotive facility in Chennai, the capital of Tamil Nadu.

Summary: Claims arising out of non-payment of incentives by the Indian State government of Tamil Nadu, which had been allegedly promised to the claimant under the agreement for building of a car plant, signed with the State government in 2008.
70 per cent share in Renault Nissan Automotive India Private Limited, a consortium that built an industrial automotive facility in Chennai, the capital of Tamil Nadu. Settled India Japan Secondary: C - Manufacturing 29 - Manufacture of motor vehicles, trailers and semi-trailers Kalicki, J. E. - President

Hobér, K. - Claimant

Khehar, J. S. - Respondent
660.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 29 April 2019 None Judicial review by national courts Pending (Judicial review by national courts) None None None
5 2016 Eurus Energy v. Spain Eurus Energy Holdings Corporation and Eurus Energy Europe B.V. v. Kingdom of Spain (ICSID Case No. ARB/16/4) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in a renewable energy generation enterprise.

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.
Investments in a renewable energy generation enterprise. Pending Spain Japan

Netherlands
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Crawford, J. R. - President (replaced)

Garibaldi, O. M. - Claimant

Giardina, A. - Respondent

Hoffmann, A. - President
173.00 mln EUR (206.20 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction and Liability dated 17 March 2021 (English)

Decision on Jurisdiction and Liability dated 17 March 2021 (Spanish)
Partial Dissent by Oscar M. Garibaldi (English)

Partial Dissent by Oscar M. Garibaldi (Spanish)
None None None None None
6 2015 JGC v. Spain JGC Corporation v. Kingdom of Spain (ICSID Case No. ARB/15/27) The Energy Charter Treaty (1994) ICSID ICSID Investment: Shareholding in two solar thermal power plants in Cordoba, Spain.

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.
Shareholding in two solar thermal power plants in Cordoba, Spain. Decided in favour of investor Spain Japan Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Dolzer, R. - Claimant (replaced)

Shin, H.-T. - President

Pinto, M. - Respondent

Reinisch, A. - Claimant
93.50 mln EUR (108.60 mln USD) 23.50 mln EUR (27.20 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction, Liability and Certain Issues of Quantum dated 21 May 2021

Award dated 9 November 2021
Separate Opinion by Mónica Pinto None None None None None