Fransiscus Nanga Roka’s opinion piece examines the dispute between Spain and Blasket Renewable Investments, which arose after Spain reversed incentive programs for renewable energy that had attracted investors. Many investors pursued awards under the Energy Charter Treaty and later sued in the U.S. District Court for the District of Columbia; the D.C. Circuit ruled on August 16, 2024 that the FSIA arbitration exception allowed the cases to proceed, and the Supreme Court declined review on June 29, 2026. The author argues that jurisdiction to confirm an award is separate from authority to seize specific assets, since under Sections 1609 and 1610 of the FSIA, property remains immune unless an exception is shown. In June 2026, a federal court ordered Blasket to exclude Spain’s football federation, national team and central bank from the definition of “Spain” for asset discovery. The article recommends that Spain publish a list of outstanding awards and negotiate payment schedules.
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