'Blasket Renewable v. Spain': DC District Court Issues Conflicting Decision Regarding the Enforceability of Intra-EU Awards
Judge Richard Leon of the D.C. District Court issued a decision in "Blasket Renewable Investments 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
CommentaryOn March 29, Judge Richard Leon of the U.S. District Court for the District of Columbia issued a decision in Blasket Renewable Investments v. Kingdom of Spain granting Spain's motion to dismiss an application to confirm an arbitral award issued under the Energy Charter Treaty. Leon found that the court lacked subject-matter jurisdiction under the Foreign Sovereign Immunities Act 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 in the Achmea line of cases. In those cases, the CJEU found that European Union 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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