Singapore High Court Enforces Intra-EU ICSID Award Against Spain
On February 24, 2026, the Singapore High Court in NextEra Energy Global Holdings BV v Kingdom of Spain [2026] SGHC 43 dismissed Spain’s application to set aside the registration of an ICSID award rendered in favour of Dutch investors under the Energy Charter Treaty. The court held that accession to the ICSID Convention amounts to submission to the jurisdiction of Singapore’s courts for recognition purposes and an agreement in writing to arbitrate under Article 26 of the ECT. It rejected Spain’s intra-EU objection, reasoning that the primacy of EU law operates only within the EU legal order and does not bind Singapore courts, and that public policy is not a ground to resist enforcement of an ICSID award. The judgment follows the Singapore International Commercial Court’s decision in DNZ v DOA upholding an ECT award against Poland. Singapore thereby joins the United Kingdom, the United States, and Australia in a global consensus, giving stranded intra-EU award creditors an Asia-Pacific enforcement forum and further isolating the EU’s position internationally.