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- UNITED STATES 30 March 2020 Foresight Solar
UNITED STATES 30 March 2020 Foresight Solar
United States District Court, Southern District of New York, 30 March 2020, 19 Civ. 3171 (ER)
(Foresight Luxembourg Solar 1 S.A.R.L. et al. v. Kingdom of Spain)
UNITED STATES 30 March 2020 Foresight Solar
The Court granted Spain’s motion to transfer the action to confirm an SCC award rendered pursuant to the dispute resolution provisions of the Energy Charter Treaty to the United States District Court for the District of Columbia, and referred Spain’s motion to stay the action pending the resolution of a set-aside proceeding in Sweden to the transferee court.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.