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Purpose and Scope of the Assignment
This document is a Deed of Assignment dated 21 January 2026, executed between NovEnergia II Energy & Environment (SCA) SICAR, acting as the Assignor, and Foresight Fund Managers Limited, acting as the Assignee. The primary purpose of the deed is the irrevocable and unconditional assignment of all legal and beneficial rights, interests, and benefits associated with two arbitral awards rendered under the auspices of the Stockholm Chamber of Commerce (SCC). Specifically, the assignment encompasses the final award dated 15 February 2018 against the Kingdom of Spain (SCC Case No. 2015/063) and the final award dated 23 December 2018 against the Italian Republic (SCC Case No. 2015/095), as well as all proceeds and claims related to pending recognition proceedings in the United States.
Key Covenants and Warranties
Under the terms of the agreement, the Assignee assumes responsibility for pursuing the recognition and enforcement of the aforementioned awards. The Assignee further agrees to bear all taxes, costs, and expenses arising from the enforcement efforts, including legal and audit fees. The Assignor warrants that the assigned rights are transferred with full title guarantee and are free from any security interests, save for specific contingency or success fee interests held by the law firms King & Spalding, Orrick Herrington & Sutcliffe, and Latham & Watkins.
Governing Law and Jurisdiction
The deed stipulates that any disputes arising out of or in connection with the assignment shall be governed by and construed in accordance with the laws of the State of New York. Furthermore, the parties submit to the exclusive jurisdiction of the state and federal courts located in New York for the resolution of any such disputes.