Summary

Pursuant to D.C. Circuit Rule 28(a)(1), amicus curiae Prof. Crina Baltag, Prof. Diane Desierto, Dr. Richard Happ, Charles Kotuby, Prof. Veronika Korom, Prof. Dr. Nikos Lavranos, Ben Love, Loukas Mistelis, Prof. Dr. Christoph Schreuer, Prof. Frédéric Sourgens, Prof. Dr. Christian Tietje, and Dr. Claus von Wobeser (collectively, "International Scholars") submit this certificate as to parties, rulings, and related cases.

STATEMENT REGARDING CONSENT TO FILE AND SEPARATE BRIEFING

All parties have consented to the filing of this brief.

Pursuant to D.C. Circuit Rule 29(d), a separate amici curiae brief for International Scholars is necessary. International Scholars are some of the leading global experts in the fields of public international law, investor-state disputes, and the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Mar. 18, 1965, 17 U.S.T. 1270 (the "ICSID Convention," a copy of which was provided in Appellees' Addendum at 5). International Scholars have written extensively on these topics, including leading commentaries on the ICSID Convention that are routinely cited by courts in the United States and abroad and by investment arbitration tribunals. Amici also have extensive practical experience of investorstate arbitration in general, ICSID arbitration in particular, and the international enforcement of arbitral awards (including ICSID awards).

Therefore, amici International Scholars have a unique global perspective regarding the ramifications of this case for the multilateral investor-state dispute settlement system enshrined in the ICSID Convention.

International Scholars will address the public international law implications of the ICSID framework which, by design, establishes a comprehensive and self-contained public international law framework for resolving investor-state disputes through arbitration before a neutral forum without later review by national courts. The position taken in this case by Spain and the European Commission (EC) threatens to undermine this framework despite being upheld by courts across the world and implicates the United States' performance of its own international law obligations under the ICSID Convention. International Scholars rely heavily on international and foreign court decisions, investor-state arbitration decisions, international treatises, and other international works of scholarship to support their positions. International Scholars' experience and scholarship in the fields of public international law and investor-state dispute settlement prepare them to be of respectful assistance to the Court in its consideration of the issues presented by these cases.

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