Summary

SUPPLEMENTAL BRIEF FOR RESPONDENT BLASKET RENEWABLE INVESTMENTS, LLC

INTRODUCTION

The government's brief correctly identifies several reasons why Spain's petition should be denied. On the first question presented, regarding interpretation of the FSIA's arbitration exception, the government agrees that Spain's claim of a circuit split is "tenuous at best" and emphasizes that "Spain would likely not be entitled to relief even if that question were resolved in its favor." On the second question presented, the government notes that "it is unclear whether Spain's forum non conveniens argument could prevail in any circuit." Blasket agrees the petition should be denied for those reasons, among others identified in its prior briefing and below.

Blasket submits this brief to make two points in response. First, on the merits of the FSIA question, the decision below is correct. The D.C. Circuit's approach comports with the FSIA's text, structure, and purpose, and the government's policy concerns are overblown. Second, the shallow circuit split on forum non conveniens is inconsequential and does not warrant review.

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