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italaw180967 - Watkins v. Spain, Protective Order of the United States District Court for the District of Columbia, June 9, 2026

9 Jun 2026
 Watkins Holdings S.à r.l. and others v. Kingdom of Spain, ICSID Case No. ARB/15/44
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Protective Order of the US District Court for the District of Columbia
Document Details:
LISTED PARTICIPANTS
Protective Order of the US 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
Beryl A. Howell
Claimant's counsel
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
Blasket Renewable Investments, Watkins Holdings, Spain
Country
United States
Print reporter
Document Summary
Protective Order of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

Procedural Background and Purpose

This Protective Order was issued by the United States District Court for the District of Columbia in an action between Blasket Renewable Investments LLC and the Kingdom of Spain. Entered by agreement of the parties, the order establishes a comprehensive framework to govern the designation, handling, and disclosure of confidential information produced during discovery. The order is grounded in the Court's authority under Federal Rule of Civil Procedure 26(c), Federal Rule of Evidence 502(d), and its inherent powers.

Confidentiality Designations and Access

The order provides for two tiers of confidentiality: "Confidential Discovery Material" and a more restrictive "Attorneys' Eyes Only" designation. It sets forth detailed procedures for marking documents and designating deposition testimony. Disclosure of protected material is strictly limited to specified categories of persons, including the parties, their counsel, retained experts, and court personnel. Third parties, such as consultants or witnesses, must execute a formal acknowledgment to be bound by the order's terms before gaining access to confidential information.

Procedural Mechanisms and Non-Waiver

The order institutes a clear process for challenging confidentiality designations, mandating a meet-and-confer process before a motion can be filed, with the burden of persuasion placed on the designating party. It also contains provisions for filing confidential materials under seal with the Court and for responding to subpoenas from other proceedings that seek protected information. Significantly, pursuant to FRE 502(d), the order explicitly states that the inadvertent production of privileged or work-product protected information shall not be deemed a waiver of such protection in this or any other proceeding.