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In two late-September opinions, the D.C. District Court enforced four International Centre for Settlement of Investment Disputes (ICSID) awards against Spain, all now held by assignee Blasket.1 The court rejected Spain’s European Union law defenses and held that assignees may enforce ICSID awards in the United States, deepening a split with the English High Court’s decision in OperaFund.

The Foreign Sovereign Immunities Act shields foreign states from suit in the United States, but determining whether an entity qualifies as the foreign state itself, a political subdivision, or an agency or instrumentality can be complex. This classification affects critical procedural and substantive protections, including service of process rules, immunity defenses, and attachment protections. Understanding these distinctions is essential from the outset of any case involving sovereign defendants.