United States District Court for the District of Columbia has granted Spain’s motion to dismiss AES Solar Energy Coöperatief U.A. and Ampere Equity Fund B.V.’s application to confirm their arbitration award.
In doing so, United States District Judge Richard J. Leon held that the standing offer to arbitrate in the Energy Charter Treaty was void in its application to the investors under EU law (to which both Spain and the investors are subject) and that because no agreement to arbitrate existed, the Court had no jurisdiction to confirm the award.
The decision is already the subject of an appeal to the DC Circuit, with notice of appeal having been given on the day the judgment was rendered. The notice of appeal was only transmitted to the US Court of Appeals the next day.
Spain’s motion was supported by an amicus brief filed by the European Commission (with the Court’s permission).