Procedural Posture

This document is a Joint Motion to Govern Further Proceedings filed before the United States Court of Appeals for the District of Columbia Circuit. The filing addresses five consolidated appeals brought by the Kingdom of Spain challenging district court judgments that enforced various arbitral awards rendered under the Energy Charter Treaty (ECT) and the ICSID Convention. Following the United States Supreme Court’s denial of Spain’s petition for certiorari in a related enforcement action (NextEra), the D.C. Circuit directed the parties to propose a schedule for further appellate proceedings.

Parties' Positions on Briefing and Abeyance

The parties present divergent proposals regarding the appellate briefing schedule. Spain requests that panel briefing be held in abeyance pending the disposition of its forthcoming petition for initial en banc review. Spain contends that en banc consideration is warranted to revisit the D.C. Circuit’s precedent on the Foreign Sovereign Immunities Act (FSIA) arbitration exception and the availability of forum non conveniens in enforcement proceedings. In support of this position, Spain relies heavily on a recent amicus curiae brief filed by the United States Solicitor General, which criticized the prior panel's reasoning in NextEra regarding the intra-EU jurisdictional objection.

Conversely, the Appellees (award creditors) strongly oppose any further stay of the proceedings. They argue that initial en banc review is highly disfavored and unlikely to be granted, particularly given the D.C. Circuit’s recent refusal to hear the exact same issues en banc. The Appellees characterize Spain’s request as a dilatory tactic designed to obstruct ongoing post-judgment attachment and execution efforts under 28 U.S.C. § 1610(c). Accordingly, the Appellees request the entry of a standard briefing schedule to ensure the expeditious resolution of the consolidated appeals.