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RWE Innogy v. Spain, Petition to Enforce Arbitration Award, December 9, 2021

9 Dec 2021
RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Kingdom of Spain, ICSID Case No. ARB/14/34
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Petition to Enforce Arbitration Award
Document Details:
LISTED PARTICIPANTS
Petition to Enforce Arbitration 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
Patrick W. Pearsall, Bradley S. Pensyl, Laila Delimustafic
Claimant's law firm
Allen & Overy
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Allen & Overy, RWE Innogy GmbH, RWE Innogy Aersa S.A.U., Spain
Country
United States
Print reporter
Document Summary
Petition to Enforce Arbitration 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 RWE Renewables GmbH and RWE Renewables Iberia S.A.U. against the Kingdom of Spain in the United States District Court for the District of Columbia. The Petitioners seek the recognition and enforcement of a €28.08 million arbitral award rendered on December 18, 2020, in ICSID Case No. ARB/14/34, pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) and the Energy Charter Treaty (ECT).

Legal Issues and Parties' Positions

The Petitioners assert that the District Court possesses 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 and the ECT. The Petitioners further rely on 22 U.S.C. § 1650a, which mandates that federal courts enforce the pecuniary obligations of ICSID awards with the same full faith and credit as final judgments of state courts, precluding collateral substantive attacks on the award's merits.

Requested Relief

The Petitioners request the entry of a judgment enforcing the arbitral award, including the principal damages of €28,080,000, pre-award and post-award interest compounded monthly at 2.07 percent, and apportioned costs of the arbitration proceedings. The Petitioners acknowledge the provisional stay of enforcement issued by the ICSID ad hoc committee pending Spain's annulment application and stipulate that they will refrain from moving for final judgment until the stay is formally lifted.