Blasket Renewable v. Spain: US Courts Issue Conflicting Decisions Regarding the Enforceability of Intra-EU Awards
Judge Richard Leon of the DC District Court issued a decision in Blasket Renewable Investments, LLC v. Kingdom of Spain granting Spain's motion to dismiss an application to confirm an arbitral award issued under the Energy Charter Treaty - the decision leaves more questions than answers.
April 12, 2023 at 09:00 AM
6 minute read
Alternative Dispute ResolutionThe original version of this story was published on National Law Journal
On March 29, 2023, Judge Richard Leon of the U.S. District Court in the District of Colombia issued a decision in Blasket Renewable Investments, LLC v. Kingdom of Spain granting Spain's motion to dismiss an application to confirm an arbitral award issued under the Energy Charter Treaty (the "ECT"). Judge Leon found that the court lacked subject matter jurisdiction under the Foreign Sovereign Immunities Act ("FSIA") because Spain's standing offer to arbitrate in the ECT was void in light of the decisions of the Court of Justice of the European Union ("CJEU") in the Achmea line of cases. In those cases, the CJEU found that EU law prohibits member states from entering into arbitration agreements with investors from other EU member states, suggesting that such agreements are legally invalid.
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