Kingdom of Spain v. Infrastructure Services Luxembourg S.à.r.l. & Anor
Case No.
S43/2022
Case Information
Lower Court Judgment
25/06/2021 Federal Court of Australia (Allsop CJ, Perram and Moshinsky JJ)
[2021] FCAFC 3 and [2021] FCAFC 112
Catchwords
Private international law – Foreign state immunity – Interaction between s 9 of Foreign States Immunities Act 1985 (Cth) ("Immunities Act") and Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention") – Where proceedings commenced in Federal Court for recognition of award of International Centre for Settlement of Investment Disputes ("ICSID") under s 35(4) of International Arbitration Act 1974 (Cth) ("Arbitration Act") – Where Kingdom of Spain asserted sovereign immunity – Where s 9 of Immunities Act provided that foreign state immune from jurisdiction of courts of Australia in proceeding – Where s 10 of Immunities Act provided foreign state not immune in proceeding in which it submitted to jurisdiction whether by agreement or otherwise – Where Art 54(1) provided each Contracting State shall recognize award rendered pursuant to ICSID Convention as binding – Where Art 54(2) of ICSID Convention referred to recognition or enforcement of award – Whether, by Art 54 of ICSID Convention, Kingdom of Spain agreed to submit itself to jurisdiction within meaning of s 10 of Immunities Act – Whether ICSID Convention excludes claims for foreign state immunity in proceedings for recognition and enforcement of an award – Proper meaning of "recognition" and "enforcement" in Art 54.
Documents*
18/03/2022 Hearing (SLA, Canberra by remote connection)
01/04/2022 Notice of appeal
06/05/2022 Written submissions (Appellant)
06/05/2022 Chronology (Appellant)
20/05/2022 Written submissions (European Commission, seeking leave to appear as amicus curiae)
03/06/2022 Written submissions (Respondents)
24/06/2022 Reply
25/08/2022 Written submissions in response to European Commissions seeking leave to appear (Respondents)
09/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
08/11/2022 Outline of oral argument (Appellant)
08/11/2022 Outline of oral argument (Respondents)
10/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
25/11/2022 Supplementary written submissions (Respondents)
25/11/2022 Supplementary written submissions (Appellant)
12/04/2023 Judgment (Judgment summary)