Two of Sidley’s international arbitration cases have been listed in Law360’s “5 International Arbitration Cases to Watch in 2025.”
For the second year in a row, Law360 has selected NextEra Energy v. Spain, 9REN Holding v. Spain, and Blasket Renewable Investments v. Spain involving the enforcement of certain investor-state awards issued against the Kingdom of Spain under the Energy Charter Treaty. In August, the D.C. Circuit ruled that U.S. courts had jurisdiction to enforce the awards under the Foreign Sovereign Immunities Act, despite the fact that, under European Union Law, there was no valid arbitration agreement between the parties to the arbitration. This decision could lead to a significant legal confrontation before the U.S. Supreme Court in 2025 involving the interaction between U.S. law and European Union Law. Sidley lawyers Simon Navarro, Carter Phillips, and Eamon Joyce represent the Kingdom of Spain in these matters.
In addition, Law360 has also selected Devas Multimedia v. Antrix. In August 2023, the Ninth Circuit declined to enforce a US$1.3 billion arbitral award to Devas Multimedia Pvt. Ltd., an Indian satellite communication company, following a dispute over a canceled telecommunications deal. The decision hinged on a unique interpretation of a jurisdictional question, specifically whether the Foreign Sovereign Immunities Act (FSIA) requires U.S. courts to decide the validity of an arbitration award involving non-U.S. parties and a non-U.S. transaction where the arbitration took place in that country and the award itself has been set aside by the courts of that country. Devas and its shareholders argue that the Ninth Circuit’s decision dismissing the case was flawed. The Supreme Court granted certiorari in October and scheduled oral arguments for early March. The case has significant implications for the enforcement of arbitral awards against state-owned entities, potentially easing the process for foreign investors by not requiring minimum contacts for enforcement. Sidley lawyers Carter Phillips and Greg Williams are representing Antrix before the Supreme Court.
Sidley’s International Arbitration practice represents clients in complex and high-stakes disputes across a range of industries and regions, drawing on its global network of experienced lawyers and its deep knowledge of arbitration rules and institutions. The arbitration practice works hand-in-hand with Sidley’s Supreme Court, Appellate, and Litigation Strategies practice, one of the first practices of its kind with a team widely recognized for its leadership in addressing novel and intricate questions of federal and state law.
