Summary

Petition to Enforce Arbitral Award

Petitioners E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia HoldingGmbH (together, "Petitioners") bringthis action to enforce an arbitral award (the "Award") issuedon January 18, 2024, in ICSID Case No. ARB/15/35 against Respondent, the Kingdom of Spain ("Spain"), following arbitration proceedings before a tribunal constituted by the International Centre for Settlement of Investment Disputes ("ICSID") and conducted in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the "ICSID Convention").

Pursuant to Article 54 of the ICSID Convention and 22 U.S.C. § 1650a, arbitral awards issued under the ICSID Convention are not subject to collateral attack--that is, a federal court has no jurisdiction to examine the issues disputed in the arbitration proceedings that resulted in the Award-- and must be enforced and given the same full faith and credit as if the award were a final judgment of a state court in the United States. Accordingly, Petitioners request that this Court (1) enter an order enforcing the Award in the same manner as a final judgment issued by a court of one of the several states, and (2) enter judgment in Petitioners' favor in the amounts specified in the Award, converted to U.S. dollars.

The Tribunal's prior June 23, 2022 Decision on Jurisdiction, Liability and Principles of Quantum ("Liability Decision") is incorporated in its entirety into the Award, with Annex I to the Award listing changes made to the text of the Liability Decision upon incorporation into the Award.