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RREEF v. Spain, Petition to Enforce Arbitral Award, December 19, 2019

19 Dec 2019
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
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Petition to Enforce Arbitral Award
Document Details:
LISTED 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
Claimant's law firm
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
Gibson Dunn & Crutcher, RREEF Infrastructure (G.P.) Limited, RREEF Pan-European Infrastructure Two Lux S.A.R.L., Spain
Country
Print reporter
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.