Berkeley Energia Limited has announced that its subsidiary, Berkeley Exploration Limited (BEL), has formally presented the Memorial of Claim before the International Center for Settlement of Investment Disputes (ICSID) in Washington, DC. This action represents a definitive step in the international arbitration procedure that the company maintains against the Kingdom of Spain for the stop to the Salamanca mining project.
In its lawsuit, the company requests financial compensation amounting to 1.25 billion US dollars (US$1,250,000,000). Berkeley maintains that Spain’s actions against its Spanish subsidiary, Berkeley Minera España, and against the so-called “Salamanca Project”, have infringed multiple protections contained in the Energy Charter Treaty.
Details of the Memorial of Claim
The document registered with the international organization includes an exhaustive evidentiary basis to justify the million-dollar compensation requested. Among the elements that make up the Memorial, the following stand out:
- Factual background: A detailed tour of the development of the project and the origin of the dispute.
- Legal basis: A detailed breakdown of the legal bases of the claim against the Spanish State.
- Witness statements: Key testimonies to defend the company’s position.
- Expert reports: Documents from independent experts that analyze the technical and regulatory aspects and the evaluation of economic damages.
Next steps and legal deadlines
After the presentation of this Memorial by Berkeley, the procedural calendar gives the Kingdom of Spain a margin of action until July 2026 to respond to the demand. In the event that the ICSID tribunal decides to address issues of jurisdiction before those of substance (liability and damages), Spain would have until October 2026 to present its Memorial on Jurisdiction.
Willingness for constructive dialogue
Despite the forcefulness of the international claim and the progress of the arbitration, Berkeley has reiterated that it maintains its commitment to the Salamanca project. The company has publicly stated that it remains open to maintaining a constructive dialogue with the Government of Spain.
In this regard, BEL has expressed its willingness to collaborate with the relevant Spanish authorities to reach an amicable resolution on the permit situation, expressing its hope that such talks can be resumed in the near future. Berkeley has confirmed that it will continue to report promptly on any developments that occur during the course of this arbitration process.
