In its 16 August 2024 decision, the D.C. Circuit held that the district courts had jurisdiction to confirm the intra-EU arbitral awards under the FSIA's arbitration exception – but also held that the district court abused its discretion in issuing the anti-anti-suit injunctions in NextEra and 9REN. With respect to the jurisdictional question, the D.C. Circuit largely followed the reasoning laid out by the district court in NextEra and 9REN. The D.C. Circuit explained that the question is whether such an agreement exists, not whether the dispute at issue actually falls within the scope of such an agreement (which instead goes to the enforceability of the award on the merits).