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United Kingdom

US Supreme Court urged to uphold FSIA arbitration exception for ECT/ICSID awards against Spain; investors reject EU law objections and forum non conveniens defence

Published on: 22 August 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

( Kingdom of Spain v Blasket Renewable Investments, LLC et al , No. 24-1130, US Supreme Court) ‘Shallow and stale’

Respondent Blasket Renewable Investments LLC, assignee of rights under an International Centre for Settlement of Investment Disputes (ICSID) award initially granted in favour of Dutch investors AES Solar Energy Coöperatief UA and Ampere Equity Fund BV, submits in its brief that the high court need not consider Spain’s contention that the ECT is ‘void ab initio’ under EU law. It contends the District of Columbia Circuit US Court of Appeals rightly determined, in the ruling under review, that Spain relinquished sovereign immunity under the arbitration exception of the Foreign Sovereign Immunities Act (FSIA), 28 USC § 1605(a)(6), and consented to arbitrate with EU investors by virtue of its entry into the ECT ( NextEra Energy Global Holdings BV, et al v Kingdom of Spain , 2024 US. App (not reported by Lexis+® UK)). Spain’s main submission below—that the arbitration exception demands an arbitration agreement with private parties rather than merely for their benefit—is, it says, squarely precluded by the FSIA’s plain text. It adds that Spain further argues section 1605(a)(6) requires an agreement to arbitrate “differences...between the parties” to the litigation...

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