Summary

GRANTING PETITIONER'S PETITION TO ENFORCE ARBITRAL AWARD; DENYING RESPONDENT'S MOTION TO DISMISS PETITION TO ENFORCE ARBITRAL AWARD

An Arbitral Tribunal convened under the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention") ruled for JGC Holdings Corporation ("JGC") in a dispute with the Kingdom of Spain over electricity infrastructure investments governed by the Energy Charter Treaty ("ECT"). JGC petitioned this Court to enforce the award under 22 U.S.C. § 1650a. Spain moves to dismiss that petition on the grounds that the Tribunal lacked jurisdiction to enter a pecuniary award, as well as under international comity and forum non conveniens. After the parties fully briefed that motion, JGC assigned its award to Blasket Renewable Investments, LLC ("Blasket"), which substituted into the action as Petitioner. The Court finds that the Foreign Sovereign Immunities Act ("FSIA") provides subject matter jurisdiction over the case, concludes that Spain's arguments do not overcome the Court's obligation to enforce the award, and grants the petition.