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Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v. Kingdom of Spain, SCC Case No. 2015/063

New
Short Name:

Case Type:
International Investment Agreement (Investor–State)
Seat of Arbitration:
Applicable Treaty:
Energy Charter Treaty (ECT) (1994)
Applicable Legal Instruments:
The Energy Charter Treaty (1994)
Economic Sector:
Energy (power Generation)
Outcome:
In Favour of Claimant(s)
Amount of Damages:
US $62,000,000
See case mapped on Investor-State LawGuide

Available documents

18 Dec 2014
Notice of Dispute (I) (English)
Notice of Dispute (I) (Spanish)
Document Details:
PARTICIPANTS
Notice of Dispute (I) (English)
Notice of Dispute (I) (Spanish)
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Dispute (I) (English)
Notice of Dispute (I) (Spanish)
This summary note is machine-generated. Always consult the original materials.


6 Mar 2015
Notice of Dispute (II) (English)
Notice of Dispute (II) (Spanish)
Document Details:
PARTICIPANTS
Notice of Dispute (II) (English)
Notice of Dispute (II) (Spanish)
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Dispute (II) (English)
Notice of Dispute (II) (Spanish)
This summary note is machine-generated. Always consult the original materials.


8 May 2015
Request for Arbitration
Document Details:
PARTICIPANTS
Request for Arbitration
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
Claimant's counsel
Fernando Mantilla-Serrano, Antonio Morales, John Adam, Rosa Espin, Latham & Watkins
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Request for Arbitration
This summary note is machine-generated. Always consult the original materials.


2 May 2017
EU Commission's Amicus Curiae Brief
Document Details:
PARTICIPANTS
EU Commission's Amicus Curiae Brief
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Tim Maxian Rusche
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
EU Commission's Amicus Curiae Brief
This summary note is machine-generated. Always consult the original materials.


29 Jun 2017
Procedural Order No. 12
Document Details:
PARTICIPANTS
Procedural Order No. 12
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Fernando Mantilla-Serrano, Antonio Morales, John Adam, Rosa Espin, Aija Lejniece, Nora Fredstie, Latham & Watkins
Respondent's counsel
Diego Santacruz Descartin, Francisco Javier Torres Gella, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, Antolin Fernandez Antuña, Alvaro Navas Lopez, Ana Maria Rodriguez Esquivas
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 12
This summary note is machine-generated. Always consult the original materials.


6 Jul 2017
Procedural Order No. 13
Document Details:
PARTICIPANTS
Procedural Order No. 13
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Fernando Mantilla-Serrano, Antonio Morales, John Adam, Rosa Espin, Aija Lejniece, Nora Fredstie, Latham & Watkins
Respondent's counsel
Diego Santacruz Descartin, Francisco Javier Torres Gella, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, Antolin Fernandez Antuña, Alvaro Navas Lopez, Ana Maria Rodriguez Esquivas
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 13
This summary note is machine-generated. Always consult the original materials.


15 Feb 2018
Final Award
Document Details:
PARTICIPANTS
Final Award
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Fernando Mantilla-Serrano, Antonio Morales, John Adam, Rosa Espin, Aija Lejniece, Nora Fredstie, Latham & Watkins
Respondent's counsel
Diego Santacruz Descartin, Francisco Javier Torres Gella, Monica Moraleda Saceda, Elena Oñoro Sainz, Amaia Rivas Kortazar, Antolin Fernandez Antuña, Alvaro Navas Lopez, Ana Maria Rodriguez Esquivas
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Final Award
This summary note is machine-generated. Always consult the original materials.


9 Apr 2018
Procedural Order No. 17 on the Request for Rectification, Clarification and Complement of the Final Award
Document Details:
PARTICIPANTS
Procedural Order No. 17 on the Request for Rectification, Clarification and Complement of the Final Award
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 17 on the Request for Rectification, Clarification and Complement of the Final Award
This summary note is machine-generated. Always consult the original materials.


16 May 2018
Petition to Confirm Foreign Arbitral Award
Document Details:
PARTICIPANTS
Petition to Confirm Foreign Arbitral Award
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Petition to Confirm Foreign Arbitral Award
This summary note is machine-generated. Always consult the original materials.


16 May 2018
Decision of the Svea Court of Appeals Suspending the Enforcement of the Award until Further Notice
Document Details:
PARTICIPANTS
Decision of the Svea Court of Appeals Suspending the Enforcement of the Award until Further Notice
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision of the Svea Court of Appeals Suspending the Enforcement of the Award until Further Notice
This summary note is machine-generated. Always consult the original materials.


16 Oct 2018
Spain's Memorandum of Law in Support of Motion to Dismiss and to Deny Petition to Confirm Foreign Arbitral Award
Document Details:
PARTICIPANTS
Spain's Memorandum of Law in Support of Motion to Dismiss and to Deny Petition to Confirm Foreign Arbitral Award
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Spain's Memorandum of Law in Support of Motion to Dismiss and to Deny Petition to Confirm Foreign Arbitral Award
This summary note is machine-generated. Always consult the original materials.


16 Oct 2018
Expert Declaration of Steffen Hindelang in Support of Spain’s Motion to Dismiss and to Deny Confirmation of Foreign Arbitral Awa
Document Details:
PARTICIPANTS
Expert Declaration of Steffen Hindelang in Support of Spain’s Motion to Dismiss and to Deny Confirmation of Foreign Arbitral Awa
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Expert Declaration of Steffen Hindelang in Support of Spain’s Motion to Dismiss and to Deny Confirmation of Foreign Arbitral Awa
This summary note is machine-generated. Always consult the original materials.


12 Dec 2018
MOL’s Motion for Leave to File Amicus Curiae Brief
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
MOL’s Motion for Leave to File Amicus Curiae Brief
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Dennis H. Hranitzky, Arif Hyder Ali, Alexandre de Gramont, Michael H. McGinley, Dechert
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
MOL’s Motion for Leave to File Amicus Curiae Brief
This summary note is machine-generated. Always consult the original materials.


21 Dec 2018
Spain’s Opposition to MOL’s Motion for Leave to File Amicus Curiae Brief
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Spain’s Opposition to MOL’s Motion for Leave to File Amicus Curiae Brief
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Claudia T. Salomon, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
Dennis H. Hranitzky, Arif Hyder Ali, Alexandre de Gramont, Michael H. McGinley, Dechert
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Spain’s Opposition to MOL’s Motion for Leave to File Amicus Curiae Brief
This summary note is machine-generated. Always consult the original materials.


28 Feb 2019
Proposed Brief of the European Commission on Behalf of the European Union as Amicus Curiae in Support of the Respondent
Document Details:
PARTICIPANTS
Proposed Brief of the European Commission on Behalf of the European Union as Amicus Curiae in Support of the Respondent
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Claudia T. Salomon, Rebekah L. Soule, Lilia B. Vazova, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
R. Stanton Jones, Sally L. Pei, Dmitri Evseev, Arnold & Porter Kaye Scholer
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Proposed Brief of the European Commission on Behalf of the European Union as Amicus Curiae in Support of the Respondent
This summary note is machine-generated. Always consult the original materials.


10 Apr 2019
Spain's Motion for Leave to File Supplemental Brief
Document Details:
PARTICIPANTS
Spain's Motion for Leave to File Supplemental Brief
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Claudia T. Salomon, Rebekah L. Soule, Lilia B. Vazova, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
R. Stanton Jones, Sally L. Pei, Dmitri Evseev, Arnold & Porter Kaye Scholer
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Spain's Motion for Leave to File Supplemental Brief
This summary note is machine-generated. Always consult the original materials.


24 Apr 2019
Claimant Opposition to the Respondent Motion for Leave to File Supplemental Brief
Document Details:
PARTICIPANTS
Claimant Opposition to the Respondent Motion for Leave to File Supplemental Brief
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Allen M. Gardner, Claudia T. Salomon, Rebekah L. Soule, Lilia B. Vazova, Latham & Watkins
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Nicholas M. Renzler, Diana Tsutieva, Andrew Z. Schwartz, Andrew B. Loewenstein, Foley Hoag
Other counsel
R. Stanton Jones, Sally L. Pei, Dmitri Evseev, Arnold & Porter Kaye Scholer
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant Opposition to the Respondent Motion for Leave to File Supplemental Brief
This summary note is machine-generated. Always consult the original materials.


25 Apr 2019
Decision of the Svea Court of Appeal (Swedish)
Decision of the Svea Court of Appeal (Unofficial English Translation)
Document Details:
PARTICIPANTS
Decision of the Svea Court of Appeal (Swedish)
Decision of the Svea Court of Appeal (Unofficial English Translation)
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision of the Svea Court of Appeal (Swedish)
Decision of the Svea Court of Appeal (Unofficial English Translation)
This summary note is machine-generated. Always consult the original materials.


27 Jan 2020
Memorandum Opinion of the US District Court for the District of Columbia
Document Details:
PARTICIPANTS
Memorandum Opinion 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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorandum Opinion of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


27 Jan 2020
Order of the US District Court for the District of Columbia
Document Details:
PARTICIPANTS
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Order of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


4 Mar 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


3 Apr 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


27 May 2020
Decision of Svea Court of Appeal (English Translation)
Document Details:
PARTICIPANTS
Decision of Svea Court of Appeal (English Translation)
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
Ulrika Beergrehn, Annika Malm, Hanna Carysdotter
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision of Svea Court of Appeal (English Translation)
This summary note is machine-generated. Always consult the original materials.


2 Jun 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


6 Jul 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


3 Aug 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


3 Sep 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


5 Oct 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


9 Oct 2020
Minutes of Svea Court of Appeal Proceeding (English)
Minutes of Svea Court of Appeal Proceeding (Swedish)
Document Details:
PARTICIPANTS
Minutes of Svea Court of Appeal Proceeding (English)
Minutes of Svea Court of Appeal Proceeding (Swedish)
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Minutes of Svea Court of Appeal Proceeding (English)
Minutes of Svea Court of Appeal Proceeding (Swedish)
This summary note is machine-generated. Always consult the original materials.


4 Nov 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


4 Dec 2020
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


4 Jan 2021
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


5 Mar 2021
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


5 May 2021
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins, Thomas C.C. Childs, King & Spalding
Respondent's counsel
Nicholas M. Renzler, Andrew Z. Schwartz, Andrew B. Loewenstein, Seaport West, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


7 Sep 2021
Joint Status Report Regarding Set Aside Proceedings Pending in the Svea Court of Appeal
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set Aside Proceedings Pending in the Svea Court of Appeal
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
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins, Thomas C.C. Childs, King & Spalding
Respondent's counsel
Nicholas M. Renzler, Andrew Z. Schwartz, Andrew B. Loewenstein, Seaport West, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set Aside Proceedings Pending in the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


13 Dec 2022
Decision from the Svea Court of Appeal
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision from the Svea Court of Appeal
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Sweden
Print reporter
Entities
Document Summary
Decision from the Svea Court of Appeal
This summary note is machine-generated. Always consult the original materials.


10 Jul 2023
Decision of the Swedish Supreme Court
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision of the Swedish Supreme Court
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
Claimant appointee:
Antonio Crivellaro
Respondent appointee
Respondent appointee:
Bernardo Sepúlveda Amor
Tribunal/Panel chair
Chair/President:
Johan Sidklev
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision of the Swedish Supreme Court
This summary note is machine-generated. Always consult the original materials.


14 Aug 2023
Joint Status Report Regarding Set-aside Proceedings in Sweden
Document Details:
PARTICIPANTS
Joint Status Report Regarding Set-aside Proceedings in Sweden
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
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Lilia B. Vazova, Fernando Mantilla-Serrano, Latham & Watkins, Thomas C.C. Childs, King & Spalding
Respondent's counsel
Nicholas M. Renzler, Andrew Z. Schwartz, Andrew B. Loewenstein, Seaport West, Foley Hoag
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Joint Status Report Regarding Set-aside Proceedings in Sweden
This summary note is machine-generated. Always consult the original materials.


14 Aug 2023
Status Report
Document Details:
PARTICIPANTS
Status Report
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
Claimant's counsel
Allen M. Gardner, Rebekah L. Soule, Lilia B. Vazova, Fernando Mantilla-Serrano, Thomas C.C. Childs
Respondent's counsel
Derek C. Smith, Lawrence Hedrick Martin, Andrew Z. Schwartz, Andrew B. Loewenstein, Nicholas M. Renzler
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Latham & Watkins, Foley Hoag, King & Spalding, Foresight Luxembourg Solar 1, Novenergia II – Energy & Environment, Spain
Document Summary
Status Report
This summary note is machine-generated. Always consult the original materials.

This document is a Joint Status Report submitted by the petitioners, including Novenergia II and Foresight Luxembourg Solar 1, and the respondent, the Kingdom of Spain, to the United States District Court for the District of Columbia. The filing was made pursuant to the Court's September 9, 2020 order requiring the parties to provide periodic updates regarding ongoing related litigation in foreign jurisdictions.

The principal issue addressed in the report is the procedural status of two separate set-aside proceedings initiated by the Kingdom of Spain before the Svea Court of Appeal in Sweden. These Swedish proceedings challenge the validity of the arbitral awards that form the basis of the U.S. enforcement actions. The parties jointly informed the District Court that there had been no new developments, decisions, or updates in either of the Swedish set-aside proceedings since the submission of their previous joint status report in July 2023.
21 Jan 2026
Novenergia Deed of Assignment
Document Details:
PARTICIPANTS
Novenergia Deed of Assignment
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
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Foresight Fund Managers, King & Spalding, Latham & Watkins, Orrick Herrington & Sutcliffe, Novenergia II – Energy & Environment
Document Summary
Novenergia Deed of Assignment
This summary note is machine-generated. Always consult the original materials.

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.
3 Feb 2026
Notice of Assignment
Document Details:
PARTICIPANTS
Notice of Assignment
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
Claimant's counsel
Thomas C.C. Childs, Abid R. Qureshi, Rachael Westmoreland, Santiago Bejarano, Nicholas Boyle, Fernando Mantilla, Lilia B. Vazova, Camilla Akbari, Maryssa Ziegler
Respondent's counsel
Nicholas M. Renzler, Derek C. Smith, Andrew B. Loewenstein
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Latham & Watkins, Novenergia II – Energy & Environment, Spain
Document Summary
Notice of Assignment
This summary note is machine-generated. Always consult the original materials.

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.
9 Feb 2026
Motion to Substitute Foresight Fund Managers Ltd. for Petitioner
Document Details:
PARTICIPANTS
Motion to Substitute Foresight Fund Managers Ltd. for Petitioner
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
Claimant's counsel
Thomas C.C. Childs
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
King & Spalding, Novenergia II – Energy & Environment, Foresight Fund Managers Limited, Spain
Document Summary
Motion to Substitute Foresight Fund Managers Ltd. for Petitioner
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Purpose

This document constitutes a joint motion filed by Novenergia II – Energy & Environment (SCA) and Foresight Fund Managers Limited pursuant to Federal Rule of Civil Procedure 25(c). The filing seeks an order substituting Foresight as the petitioner in the ongoing arbitral award enforcement action against the Kingdom of Spain before the United States District Court for the District of Columbia.

Principal Legal Issues and Parties' Positions

The principal procedural issue addressed is the propriety of substituting a party following a transfer of interest. The petitioners submit that substitution is warranted to facilitate the conduct of the litigation and promote judicial economy. Specifically, the motion asserts that Novenergia irrevocably assigned all legal and beneficial title to the underlying arbitral award to Foresight via a Deed of Assignment dated January 21, 2026. Consequently, Foresight now possesses the sole legal and financial interest in the recognition and enforcement of the award against Spain’s assets in the United States.

The respondent, the Kingdom of Spain, confirmed it does not oppose the substitution under Rule 25(c). However, Spain expressly reserved its rights regarding the validity of the putative assignment and the ultimate enforceability of the assigned rights under the arbitral award. The motion remains pending judicial determination by the District Court.
9 Feb 2026
Declaration of Thomas C.C. Childs
Document Details:
PARTICIPANTS
Declaration of Thomas C.C. Childs
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
Claimant's counsel
Thomas C.C. Childs
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
King & Spalding, Novenergia II – Energy & Environment, Foresight Fund Managers Limited, Spain
Document Summary
Declaration of Thomas C.C. Childs
This summary note is machine-generated. Always consult the original materials.

This document comprises a declaration submitted by counsel for the petitioners in enforcement proceedings before the United States District Court for the District of Columbia. The declaration is filed in support of a motion to substitute Foresight Fund Managers Ltd. for Novenergia II – Energy & Environment (SCA) as the petitioner in Case No. 1:18-cv-1148.

The declarant introduces two exhibits to the court to substantiate the requested substitution. The first exhibit is a Deed of Assignment, dated January 21, 2026, executed between Novenergia as the assignor and Foresight Fund as the assignee. The second exhibit is a formal notice of assignment, which was transmitted to the respondent, Spain, on February 3, 2026. The declaration serves to authenticate these exhibits and establish the procedural basis for the transfer of interest between the claimant entities in the ongoing litigation against the respondent State.