This supplemental brief is filed by the Petitioner, the Kingdom of Spain, in support of its petition for a writ of certiorari to the U.S. Supreme Court. The brief seeks review of a decision by the U.S. Court of Appeals for the D.C. Circuit related to the enforcement of an arbitral award under the Foreign Sovereign Immunities Act (FSIA).

Spain advances two primary arguments for granting review. First, it contends that the D.C. Circuit applied an incorrect, deferential standard of review to the jurisdictional question of whether a valid arbitration agreement existed, thereby improperly waiving Spain's sovereign immunity. Spain argues that this question of consent to arbitrate requires de novo judicial determination and that the D.C. Circuit's decision creates a circuit split and is inconsistent with the principles of the FSIA. The brief notes that the U.S. government's amicus filing largely concedes the importance of the issue and the existence of a circuit split.

Second, Spain argues that the Court should also review the D.C. Circuit's holding on the inapplicability of the forum non conveniens doctrine in award enforcement actions against foreign states, another issue on which the circuits are divided. The brief directly confronts the U.S. government's suggestion that the case is a poor "vehicle" for review, arguing that speculation about the ultimate outcome on remand is an improper basis for denying certiorari and that this case presents an ideal opportunity to resolve these critical and recurring questions of foreign sovereign immunity.

The Petitioner respectfully requests that the Court grant the petition.