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RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/30

New
Short Name:

RREEF v. Spain

Case Type:
International Investment Agreement (Investor–State)
Applicable Procedural Rules:
ICSID, ICSID Convention Arbitration Rules (2006)
Applicable Treaty:
Energy Charter Treaty (ECT) (1994), Energy Charter Treaty (1994)
Applicable Legal Instruments:
Energy Charter Treaty (ECT)
Economic Sector:
Energy (Power Generation)
Outcome:
In Favour of Claimant(s)
Amount of Damages:
US $66,051,104
Other Remedy:
The Respondent shall pay interests on the sum awarded above from 30 June 2014 to the date of payment of all sums due pursuant to this Award at a rate of 2.07%, compounded monthly.
See case mapped on Investor-State LawGuide

Available documents

22 Nov 2013
Notice of Arbitration (not public, see IAReporter article)
Document Details:
PARTICIPANTS
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Entities
Document Summary
This summary note is machine-generated. Always consult the original materials.


6 Jun 2016
Decision on Jurisdiction
Document Details:
PARTICIPANTS
Decision on Jurisdiction
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Robert G. Volterra
Respondent appointee
Respondent appointee:
Pedro Nikken
Tribunal/Panel chair
Chair/President:
Alain Pellet
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Judith Gill, Jeffrey Sullivan, Marie Stoyanov, Virginia Allan, Ignacio Madalena, Lauren Lindsay, Tomasz Hara, Stephanie Hawes
Respondent's counsel
José Manuel Gutiérrez Delgado, Antolín Fernández Antuña, Roberto Fernández Castilla, Patricia Froehlingsdorf Nicolás, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, María José Ruíz Sánchez, Diego Santacruz Descartin, Francisco Javier Torres Gella
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
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Tribunal secretary
Tribunal assistant
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Document Summary
Decision on Jurisdiction
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30 Nov 2018
Decision on Responsibility and on the Principles of Quantum
Document provided by: ICSID
Document Details:
PARTICIPANTS
Decision on Responsibility and on the Principles of Quantum
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Robert G. Volterra
Respondent appointee
Respondent appointee:
Pedro Nikken
Tribunal/Panel chair
Chair/President:
Alain Pellet
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Judith Gill, Jeffrey Sullivan, Marie Stoyanov, Virginia Allan, Ignacio Madalena, Lauren Lindsay, Tomasz Hara, Stephanie Hawes, Amy McMullen, Mauricio Pizarro Ortega
Respondent's counsel
José Manuel Gutiérrez Delgado, Antolín Fernández Antuña, Roberto Fernández Castilla, Patricia Froehlingsdorf Nicolás, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, María José Ruíz Sánchez, Diego Santacruz Descartin, Francisco Javier Torres Gella
Other counsel
Claimant's expert
Carlos Lapuerta, Richard Caldwell, Jack Stirzaker, Thomas R. Mancini, José Antonio García, José Antonio García
Respondent's expert
Jorge Servert, Jesús Casanova Kindelán, Eduardo Pérez Ruiz, David Mitchell, Susan Blower, Manuel Vargas González
Claimant's witness
Walter Manara, Andrew Morris, Harold Hauteville, Mauricio Bolaña
Respondent's witness
Daniel Lacalle, Carlos Montoya Rasero
Other witnesses
Tribunal secretary
Gonzalo Flores
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Responsibility and on the Principles of Quantum
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30 Nov 2018
Partial Dissenting Opinion of Robert Volterra
Document provided by: ICSID
Document Details:
PARTICIPANTS
Partial Dissenting Opinion of Robert Volterra
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Robert G. Volterra
Respondent appointee
Respondent appointee:
Pedro Nikken
Tribunal/Panel chair
Chair/President:
Alain Pellet
Arbitrator(s)
Pedro Nikken, Robert G. Volterra
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Entities
Document Summary
Partial Dissenting Opinion of Robert Volterra
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11 Dec 2019
Award
Document Details:
PARTICIPANTS
Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Robert G. Volterra
Respondent appointee
Respondent appointee:
Pedro Nikken
Tribunal/Panel chair
Chair/President:
Alain Pellet
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Judith Gill, Marie Stoyanov, Jeffrey Sullivan, Virginia Allan, Ignacio Madalena, Lauren Lindsay, Tomasz Hara, Stephanie Hawes
Respondent's counsel
José Manuel Gutiérrez Delgado, Antolín Fernández Antuña, Roberto Fernández Castilla, Patricia Froehlingsdorf Nicolás, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, María José Ruíz Sánchez, Diego Santacruz Descartin, Francisco Javier Torres Gella, Pablo Elena Abad, Rafael Gil Nievas, Alicia Segovia Marco, Alberto Torró Molés
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Gonzalo Flores
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award
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19 Dec 2019
Petition to Enforce Arbitral Award
Document Details:
PARTICIPANTS
Petition to Enforce Arbitral Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Stuart F. Delery, Matthew S. Rozen, Ankita Ritwik
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Gibson Dunn & Crutcher, RREEF Infrastructure (G.P.) Limited, RREEF Pan-European Infrastructure Two Lux S.A.R.L., Spain
Document Summary
Petition to Enforce Arbitral Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition to Enforce an Arbitral Award filed by RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.A.R.L. against the Kingdom of Spain in the United States District Court for the District of Columbia. The Petitioners seek the recognition and enforcement of an ICSID arbitral award dated December 11, 2019, rendered in ICSID Case No. ARB/13/30, which found Spain in breach of its obligations under Article 10(1) of the Energy Charter Treaty (ECT).

Legal Framework and Jurisdictional Basis

The Petitioners assert subject-matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1330(a), arguing that Spain waived its sovereign immunity by becoming a contracting party to the ICSID Convention. Furthermore, the Petitioners rely on 22 U.S.C. § 1650a, which grants exclusive jurisdiction to United States district courts to enforce ICSID awards. The filing emphasizes that under the ICSID Convention and corresponding U.S. law, such arbitral awards are not subject to collateral attack or the substantive defenses typically available under the Federal Arbitration Act (FAA), and must be accorded the same full faith and credit as a final judgment of a state court.

Relief Sought

The Petitioners request that the District Court enter an order enforcing the arbitral award and enter judgment in their favor for the principal damages amount of €59.6 million. Additionally, the Petitioners seek pre-judgment and post-judgment interest at the awarded rate of 2.07%, compounded monthly from June 30, 2014, until the date of full payment.
28 Oct 2020
Decision on Stay of Enforcement of the Award
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision on Stay of Enforcement of the Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Chair/President:
Lawrence Boo
Arbitrator(s)
Enrique Barros Bourie, Bertha Cooper-Rousseau
Sole Arbitrator
ICSID Annulment Committee president
Lawrence Boo
ICSID Annulment Committee members
Enrique Barros Bourie, Bertha Cooper-Rousseau
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Stay of Enforcement of the Award
This summary note is machine-generated. Always consult the original materials.


10 Jun 2022
Decision on Annulment
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision on Annulment
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
Alain Pellet
ICSID Annulment Committee members
Alain Pellet, Robert G. Volterra, Pedro Nikken, Bertha Cooper-Rousseau, Enrique Barros Bourie
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
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Document Summary
Decision on Annulment
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6 Feb 2023
Claimant Motion for Substitution before the United States District Court for the District of Columbia
Document Details:
PARTICIPANTS
Claimant Motion for Substitution before the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant Motion for Substitution before the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


20 Feb 2023
Respondent Opposition to Motion for Substitution before the United States District Court for the District of Columbia
Document Details:
PARTICIPANTS
Respondent Opposition to Motion for Substitution before the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Respondent Opposition to Motion for Substitution before the United States District Court for the District of Columbia
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29 Aug 2025
Order of the US Court of Appeals for the District of Columbia
Document Details:
PARTICIPANTS
Order of the US Court of Appeals for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Angus Stewart
Claimant's counsel
Dominique Hogan-Doran, Chester Brown
Respondent's counsel
Alan Robertson, Philip Santucci, Christopher Withers, Thomson Geer, Scott Robertson, Boxun Yin
Other counsel
Nick Gallus
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Australia
Print reporter
Entities
Document Summary
Order of the US Court of Appeals for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


26 Nov 2025
Judgment of the Federal Court of Australia relating to the Terms of Final Relief
Document Details:
PARTICIPANTS
Judgment of the Federal Court of Australia relating to the Terms of Final Relief
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Angus Stewart
Claimant's counsel
Dominique Hogan-Doran, Chester Brown
Respondent's counsel
Alan Robertson, Philip Santucci, Christopher Withers, Thomson Geer
Other counsel
Nick Gallus
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Australia
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Document Summary
Judgment of the Federal Court of Australia relating to the Terms of Final Relief
This summary note is machine-generated. Always consult the original materials.


3 Feb 2026
Order and Judgment of the United States District Court for the District of Columbia
Document Details:
PARTICIPANTS
Order and Judgment of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Carl J. Nichols
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Blasket Renewable Investments LLC, Spain
Document Summary
Order and Judgment of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

This document is an Order and Judgment issued by the United States District Court for the District of Columbia, granting the enforcement of an arbitral award rendered against the Kingdom of Spain. The underlying award, dated December 11, 2019, was issued in ICSID Case No. ARB/13/30.

Relying upon the reasoning set forth in a prior Memorandum Opinion dated August 12, 2025, the Court ordered that the ICSID award be enforced in the same manner as a final judgment of a court of general jurisdiction in the United States. Consequently, the Court entered judgment in favor of the Petitioner in the principal amount of $88,396,862.69 USD.

In its dispositive directions, the Court further awarded post-judgment interest on the principal amount. The interest is to be calculated at the statutory rate specified in 28 U.S.C. § 1961, accruing from the date of the judgment until the judgment is fully satisfied by the Respondent.
10 Jul 2026
Order of the United States Court of Appeals for the District of Columbia Circuit
Document Details:
PARTICIPANTS
Order of the United States Court of Appeals for the District of Columbia Circuit
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Gregory George Katsas, Cornelia T.L. Pillard, Bradley Nelson Garcia
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Blasket Renewable Investments LLC, Spain
Document Summary
Order of the United States Court of Appeals for the District of Columbia Circuit
This summary note is machine-generated. Always consult the original materials.

This procedural order, issued by the United States Court of Appeals for the District of Columbia Circuit, addresses the consolidation and subsequent briefing schedule for multiple related appeals involving the Kingdom of Spain.

The Court granted the motion to consolidate Case No. 26-7021 (involving Blasket Renewable Investments) with the previously consolidated appeals under Case No. 25-7136 (involving Cube Infrastructure Fund SICAV, among others). Acting sua sponte, the Court further ordered that these consolidated cases be returned to its active docket. This procedural reactivation was prompted by the United States Supreme Court’s denial of the petition for a writ of certiorari in Kingdom of Spain v. Blasket Renewable Investments LLC on June 29, 2026.

In its operative directions, the Court mandated that the parties file motions to govern the consolidated cases by August 3, 2026. The Court emphasized its strong preference for joint briefing proposals from aligned parties and explicitly warned against repetitious submissions. The parties were directed to provide detailed justifications for any requests to file separate briefs or to exceed standard aggregate word allotments, with strict instructions to specify the necessary word count for each distinct issue.
3 Aug 2026
Joint Motion to Govern Further Proceedings
Document Details:
PARTICIPANTS
Joint Motion to Govern Further Proceedings
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Nicholas A. Mecsas-Faxon, Christopher M. Ryan, Ifeoluwa Atinuke Kolade, Miguel A. Estrada, Matthew S. Rozen, Jeff Liu, James E. Berger, Charlene C. Sun
Respondent's counsel
Eamon P. Joyce, Tyler J. Domino
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Blasket Renewable Investments LLC, Cube Infrastructure Fund SICAV, nfrastructure Services Luxembourg S.A.R.L., Sidley Austin, King & Spalding, Allen Overy Shearman Sterling, Gibson Dunn & Crutcher, DLA Piper, Spain
Document Summary
Joint Motion to Govern Further Proceedings
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Joint Motion to Govern Further Proceedings filed before the United States Court of Appeals for the District of Columbia Circuit. The filing addresses five consolidated appeals brought by the Kingdom of Spain challenging district court judgments that enforced international arbitral awards rendered under the Energy Charter Treaty. Following the United States Supreme Court’s denial of Spain’s petition for certiorari in a related enforcement action (NextEra), the D.C. Circuit directed the parties to propose a schedule for further appellate proceedings.

Parties' Positions on Briefing and Stay

Spain requests that the Court hold panel briefing in abeyance pending the disposition of its forthcoming petition for initial en banc review. Spain contends that en banc consideration is necessary to revisit threshold issues concerning the Foreign Sovereign Immunities Act (FSIA) and forum non conveniens, arguing that the D.C. Circuit’s prior precedent in NextEra was wrongly decided. Spain relies heavily on a recent amicus curiae brief filed by the United States Solicitor General, which criticized the NextEra panel’s analysis of the FSIA arbitration exception.

The Appellees strongly oppose any further stay or elongation of the briefing schedule. They argue that initial en banc review is highly disfavored and unlikely to be granted, noting the Court’s recent denial of en banc review in NextEra. Appellees characterize Spain’s proposed stay as a dilatory tactic designed to obstruct ongoing post-judgment execution and attachment proceedings. Consequently, Appellees request the implementation of a standard briefing schedule to ensure the expeditious resolution of the enforcement appeals.
10 Aug 2026
Petition for Initial Hearing En Banc
Document Details:
PARTICIPANTS
Petition for Initial Hearing En Banc
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Eamon P. Joyce, Simon Navarro, Tyler J. Domino, Carter G. Phillips, Peter A. Bruland, Cody M. Akins
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sidley Austin, Blasket Renewable Investments LLC, Cube Infrastructure Fund SICAV, nfrastructure Services Luxembourg S.A.R.L., Spain, European Commission
Document Summary
Petition for Initial Hearing En Banc
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Purpose

This document is a Petition for Initial Hearing En Banc filed by the Kingdom of Spain before the United States Court of Appeals for the District of Columbia Circuit. The petition arises in the context of consolidated appeals concerning the enforcement of intra-EU arbitral awards rendered against Spain under the Energy Charter Treaty (ECT). Spain seeks en banc review to overrule two binding circuit precedents—NextEra and TMR—which currently foreclose its threshold jurisdictional and procedural defenses in award-confirmation proceedings.

Principal Legal Issues and Positions

The petition advances two primary legal challenges. First, Spain argues that the Court should overrule NextEra Energy Global Holdings B.V. v. Kingdom of Spain, which held that the arbitration exception to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605(a)(6), is satisfied whenever a foreign state has agreed to arbitrate with any party, relegating the question of whether the state consented to arbitrate with the specific plaintiff to a merits inquiry. Spain contends that this interpretation improperly blue-pencils the statutory text, departs from prior circuit precedent, and creates a circuit split with the Second and Fifth Circuits. Spain maintains that the existence of a valid arbitration agreement between the sovereign and the specific plaintiff is a threshold jurisdictional requirement that mandates de novo review by the courts.

Second, Spain urges the full Court to overrule TMR Energy Ltd. v. State Property Fund of Ukraine, which established a categorical rule barring the application of forum non conveniens in proceedings to confirm foreign arbitral awards. Spain asserts that this per se ban contravenes Supreme Court precedent, which requires a flexible, fact-specific balancing test, and conflicts with the approach adopted by the Second Circuit. Spain emphasizes that forum non conveniens is particularly critical in these cases, given the profound foreign relations and comity concerns implicated by U.S. courts enforcing intra-EU awards that the Court of Justice of the European Union has declared invalid.

Requested Relief

In its prayer for relief, Spain requests that the D.C. Circuit grant initial hearing en banc to abrogate the NextEra and TMR decisions. Consequently, Spain seeks the vacatur of the underlying district court judgments and a remand of the consolidated cases, thereby allowing the lower courts to evaluate Spain's sovereign immunity and forum non conveniens defenses de novo without the constraints of the challenged precedents.