Respect for the International Rule of Lawin Enforcement of International Arbitration Awards скачать в хорошем качестве

Respect for the International Rule of Lawin Enforcement of International Arbitration Awards

Respect for the International Rule of Law in Enforcement of International Arbitration Awards in the U.S. and Beyond Moderator: Angela Ting Managing (Associate, Sidley Austin) Panelists: Alexandre de Gramont (Partner, Womble Bond Dickinson) Gary Shaw (Senior Associate, Pillsbury) Gene Burd (Partner, Pierson Ferdinand) Sam Taylor (Partner, Mintz) International arbitration would be futile without meaningful enforcement. The European Court of Justice’s rulings in Achmea and Komstroy have disrupted expectations and continue to reverberate across jurisdictions, raising complex questions about the relationship between domestic regional law and States’ international obligations. In the United States, those tensions have produced sharply diverging rulings. In NextEra and 9REN, the D.C. District Court rejected Spain’s argument that EU law rendered its consent to arbitrate invalid, treating it instead as a merits defence rather than a jurisdictional bar under the FSIA. By contrast, in Blasket, the same court sided with Spain, finding no valid agreement to arbitrate under EU law and deeming Spain immune. On appeal, the D.C. Circuit reversed Blasket and affirmed NextEra and 9REN in relevant part, holding that Spain had entered into an arbitration agreement through the Energy Charter Treaty. Spain’s objection that it had not consented to arbitrate disputes with the specific investors was treated as a merits issue, not one depriving the court of jurisdiction. Appellate courts in the United States, however, remain divided on whether sovereign consent to arbitrate is a jurisdictional threshold or a merits issue under the FSIA—an uncertainty that challenges the predictability of the U.S. as a forum for award enforcement. With a petition for certiorari now pending in Kingdom of Spain v. Blasket Renewable Investments, the Supreme Court of the United States may soon decide whether to resolve this split or allow uncertainty to persist. Meanwhile, in other common law jurisdictions, namely Australia and the U.K., the highest courts have upheld ICSID awards as enforceable, in particular in Blasket, 9REN Holding and NextEra v Spain and Micula v Romania, respectively.