Summary

Memorandum Opinion and Order

INTRODUCTION

Petitioner Blasket Renewable Investments, LLC ("Blasket") seeks to enforce against Respondent Kingdom of Spain ("Spain") an arbitration award of 22,006,000 with interest as rendered by a tribunal of the International Centre for Settlement of Investment Disputes ("ICSID").

The award arises out of Spain's breach of its commitments under the Energy Charter Treaty ("ECT"). Spain moved to dismiss for lack of jurisdiction or to stay these proceedings pending its application to annul the award. After briefing concluded, the D.C. Circuit held in NextEra Energy Global Holdings B.V. v. Kingdom of Spain, 112 F.4th 1088 (D.C. Cir. 2024), that (1) federal district courts have jurisdiction under the Foreign Sovereign Immunities Act (FSIA) to enforce ICSID awards arising out of ECT arbitrations and (2) forum non conveniens is not available in proceedings to confirm a foreign arbitral award. The parties have since filed supplemental briefs to reflect NextEra Energy. But Spain continues to maintain, as it has from the start, that no forum has jurisdiction or authority to issue or enforce the arbitral award because European Union (EU) law voids any agreement to arbitrate under the ECT as between an EU Member State and investors of another EU Member State.

For the reasons that follow, Spain's Motion to Dismiss the Petition or Stay the Proceedings, is denied.

Energy Charter Treaty, ECT, ICSID Convention