Gene Burd, Author at Kluwer Arbitration Blog

Energy Charter Treaty, Intra-EU Investment Arbitration, Intra-EU ISDS, Spain, United States Courts

Enforcing Intra-EU Investment Arbitration Awards in the U.S.: Jurisdiction Affirmed, But Final Decision Deferred to District Courts

Gene Burd (Pierson Ferdinand) and Ejesha Amanova/November 27, 2024November 26, 2024 /Leave a comment

In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to…

Enforcement, ISDS, United States Courts

Between the Rock and Hard Place: Will the U.S. Court Follow the EU or International Arbitration Tribunals?

Gene Burd (Pierson Ferdinand) and Ejesha Amanova/April 25, 2024April 3, 2024 /Leave a comment

The second front can open in the United States (“U.S.”) for over 50 investment arbitration claims against the Kingdom of Spain (“Spain”) that are worth hundreds of millions of U.S. dollars combined. The ongoing disputes spotlighted the continuing controversy between the decisions of the European Union’s (“EU”) highest court and international investment tribunals. The cases…