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Procedural Background
This document comprises correspondence from incoming counsel for the Petitioner, Novenergia II – Energy & Environment (SCA), to counsel for the Respondent, the Kingdom of Spain. The communication was filed as an exhibit in enforcement proceedings before the United States District Court for the District of Columbia.
Key Issues and Positions
The correspondence serves a three-fold procedural purpose. First, it provides formal notice to the Respondent that Novenergia has assigned all of its rights under the underlying arbitral award against Spain to Foresight Fund Managers Ltd. Second, the Petitioner requests the Respondent's consent to a planned motion under Federal Rule of Civil Procedure 25(c) to substitute Foresight Fund as the petitioner in the enforcement action. The Petitioner asserts that substitution is legally appropriate because Foresight Fund is now the entity entitled to any amounts recovered under the award, citing a prior minute order in a related proceeding that granted a similar substitution motion.
Finally, the communication requests the Respondent's consent to a forthcoming motion by attorneys from Latham & Watkins to withdraw as counsel of record for Novenergia in the present case. The Petitioner requested a definitive response regarding the Respondent's consent to both the substitution and the withdrawal of counsel by February 6, 2026.