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NextEra Energy Global Holdings B.V., et al v. Kingdom of Spain
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23-7031
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January 01, 2025
5 International Arbitration Cases To Watch In 2025
The U.S. Supreme Court and the D.C. Circuit are set to decide cases in 2025 that could have a wide effect on how courts interpret the Foreign Sovereign Immunities Act and could provide a pathway for investor-state claimants to enforce awards against European countries. The Federal Circuit, meanwhile, is adjudicating a case that could have important effects in the arbitration and intellectual property fields. Here are five cases to watch over the next year.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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October 16, 2024
Cos. Slam Spain's Bid For DC Circ. Redo Over $395M Suits
Three investment companies have opposed Spain's request for a rehearing in the D.C. Circuit over the appeals court's ruling that district courts have jurisdiction to enforce about $395 million in arbitral awards issued against the country after it rolled back economic incentives for renewable energy projects.
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September 26, 2024
EU Says DC Circ. Must Reconsider $395M Spain Award Suits
The European Commission has urged the D.C. Circuit to reconsider its decision that U.S. district courts have jurisdiction to enforce about $395 million in arbitral awards issued against European Union member state Spain by private tribunals convened under the Energy Charter Treaty.
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August 16, 2024
DC Circ. OKs Energy Cos.' $395M Spain Award Suits
The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.
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February 28, 2024
Skeptical DC Circ. Probes Treaty's Arbitration Applicability
A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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January 09, 2024
DC Circ. Seeks US Input On Foreign Award Question
The D.C. Circuit is asking the U.S. Department of Justice to weigh in on an ongoing battle over whether courts can enforce roughly $390 million of arbitral awards issued to European investors following the reduction of Spanish renewable energy subsidies.
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August 31, 2023
Germany, Latvia Say Clean Power Awards Can't Be Enforced
Germany and Latvia are backing Spain in its effort to derail enforcement in the U.S. of hundreds of millions of euros worth of arbitral awards issued to European Union investors after Madrid dialed back its renewable energy subsidies, according to documents filed with the D.C. Circuit on Wednesday.
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July 24, 2023
European Law Limits Investor Arbitration, Spain Tells DC Circ.
Spain maintains that a group of clean-energy investors can't move forward with efforts to realize arbitral awards totaling €332 million, telling the D.C. Circuit that European Union law is understood to prohibit investor-state arbitration involving multiple parties from the continent.