Supreme Court of the United States · Official docket →
Kingdom of Spain v. Blasket Renewable Investments LLC, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-7038, 23-7031, 23-7032 · judgment August 16, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a D.C. Circuit decision below, and down for a business respondent.
Questions presented
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The Foreign Sovereign Immunities Act provides that “a foreign state shall be immune from the jurisdiction” of United States courts unless one of the Act’s exceptions applies. 28 U.S.C. §1604. Under the FSIA’s arbitration exception, “[a] foreign state shall not be immune” from a lawsuit to “confirm an award made pursuant to an agreement to arbitrate” “differences … between the parties.” Id. §1605(a)(6). The first question presented is: Whether §1605(a)(6) allows United States courts to assert jurisdiction over a foreign sovereign without determining whether the sovereign consented to arbitrate differences between itself and the plaintiff.
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Forum non conveniens permits federal courts to dismiss a case when the chosen forum is inappropriate. Here, European companies obtained arbitral awards against a European sovereign based on European conduct. But instead of asking European courts to confirm their awards—a process that implicates questions of European law—the companies sought confirmation here, requiring United States courts to decide those foreign-law questions. The second question presented is: Whether, in suits to confirm foreign arbitral awards, forum non conveniens dismissal: (i) is categorically unavailable, as the D.C. Circuit holds; (ii) is unavailable in at least some suits, as the Fourth Circuit holds; or (iii) depends on the facts of each case, as the Second and Ninth Circuits hold.
Counsel of record
For petitioner
Carter G. Phillips
Sidley Austin LLP
For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
Proceedings
- Jun 29 2026Petition DENIED.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 09 2026Supplemental brief of respondents NextEra Energy Global Holdings B.V., et al. filed. (Distributed)
- Jun 08 2026Supplemental brief of petitioner Kingdom of Spain filed. (Distributed)
- Jun 08 2026Supplemental brief of respondent Blasket Renewable Investments, LLC filed. (Distributed)
- May 26 2026Brief amicus curiae of United States filed.
- Oct 06 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Sep 29 2025Supplemental brief of petitioner Kingdom of Spain filed.
- Sep 12 2025Supplemental brief of respondents NextEra Energy Global Holdings B.V., et al. filed. (Distributed)
- Sep 03 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 02 2025Reply of petitioner Kingdom of Spain filed. (Distributed)
- Aug 14 2025Brief of respondent Blasket Renewable Investments, LLC, in opposition filed.
- Aug 14 2025Brief of respondents NextEra Energy Global Holdings B.V., et al. in opposition filed.
- Aug 08 2025Motion to extend the time to file a response from August 8, 2025 to August 14, 2025, submitted to The Clerk.
- Aug 08 2025Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2025.
- Jul 08 2025Motion of respondents to extend the time to file a response is granted and the time is further extended to and including August 8, 2025, for all respondents.
- Jul 02 2025Motion of respondents to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
- Jun 04 2025Brief amicus curiae of Republic of Poland filed.
- Jun 04 2025Brief amicus curiae of Romania filed.
- Jun 04 2025Brief amicus curiae of Republic of Bulgaria filed.
- Jun 04 2025Brief amicus curiae of The European Commission on behalf of the European Union filed.
- May 21 2025Motion to extend the time to file a response is granted and the time is extended to and including July 9, 2025, for all respondents.
- May 20 2025Motion to extend the time to file a response from June 4, 2025 to July 9, 2025, submitted to The Clerk.
- May 01 2025Petition for a writ of certiorari filed. (Response due June 4, 2025)
- Feb 28 2025Application (24A822) granted by The Chief Justice extending the time to file until May 1, 2025.
- Feb 21 2025Application (24A822) to extend the time to file a petition for a writ of certiorari from March 2, 2025 to May 1, 2025, submitted to The Chief Justice.