Arbitral Digest

Matter

Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (High Court of Australia [2023] HCA 11)

  1. 12 April 2023Australia

    12 April 2023Australia

    Decision of the High Court of Australia in the case S43/2022 dated 12 April 2023

    High Court of Australia

    Case no.
    S43/2022
    Citation
    [2023] HCA 11
    Decision summary
    The High Court dismissed Spain's appeal with costs. It held that Spain's agreement to articles 53 to 55 of the ICSID Convention waived foreign State immunity from Australian jurisdiction to recognise and enforce, but not to execute, the award, and upheld the Full Court's recognition and enforcement orders.

    Supporting details

    4 authorities · 16 participants
    Kingdom of Spain
    Representative
    C S Ward SC (For: Kingdom of Spain)
    Representative
    P F Santucci (For: Kingdom of Spain)
    Representative
    K&L Gates (For: Kingdom of Spain)
    Infrastructure Services Luxembourg S.a.r.l.
    Representative
    B W Walker SC (For: Infrastructure Services Luxembourg S.a.r.l.)
    Representative
    J A Hogan-Doran SC (For: Infrastructure Services Luxembourg S.a.r.l.)
    Representative
    C W Brown (For: Infrastructure Services Luxembourg S.a.r.l.)
    Representative
    Norton Rose Fulbright (For: Infrastructure Services Luxembourg S.a.r.l.)
    High Court of Australia
    Judge
    Jagot J

    Authorities cited

    4
    • Foreign States Immunities Act 1985 (Cth)
      statute
    • International Arbitration Act 1974 (Cth)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965)
      treaty
    • Energy Charter Treaty (1994)
      treaty
  2. Date not availableArbitration

    Date not availableArbitration

    ICSID arbitral award

    Decision summary
    The arbitral tribunal awarded the respondents €101 million.

    Supporting details

    2 participants
    Kingdom of Spain
    Infrastructure Services Luxembourg S.a.r.l.
  3. Date not availableAustralia

    Date not availableAustralia

    Judgment of the Federal Court of Australia in Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157

    Federal Court of Australia

    Case no.
    [2020] FCA 157
    Decision summary
    The primary judge held that Spain had waived immunity from recognition and enforcement of the ICSID award, but not from execution, and ordered Spain to pay the applicants €101 million.

    Supporting details

    3 participants
    Eiser Infrastructure Ltd
    Kingdom of Spain
    Federal Court of Australia
  4. Date not availableAustralia

    Date not availableAustralia

    Judgment of the Full Court of the Federal Court of Australia in Kingdom of Spain v Infrastructure Services Luxembourg Sarl (2021) 284 FCR 319

    Full Court of the Federal Court of Australia

    Case no.
    [2021] FCAFC 112
    Citation
    (2021) 284 FCR 319
    Decision summary
    The Full Court held that Spain had waived immunity from a proceeding for recognition, while immunity from execution, and perhaps also enforcement, had not been waived. It replaced the primary orders with orders recognising the award as binding and entering judgment for €101 million while preserving the effect of law on Spain's immunity from execution.

    Supporting details

    5 participants
    Kingdom of Spain
    Infrastructure Services Luxembourg S.a.r.l.
    Full Court of the Federal Court of Australia

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Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (High Court of Australia [2023] HCA 11) · Matter