Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157

Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157

By becoming a Contracting State to the Investment Convention and ECT, Spain submitted to the jurisdiction of the designated Australian courts for the purposes of recognition and enforcement of ICSID awards, thereby waiving any claim to foreign state immunity under s 10 of the Foreign States Immunities Act. The Investment Convention requires recognition and enforcement of the award, and preserves immunity only at the stage of execution.

Jurisdiction
Australia
Judgment Date
24 February 2020
Procedural Posture
Application for Recognition and Enforcement of ICSID Arbitral Awards / Final Judgment
Outcome
Spain's claim to foreign state immunity rejected; awards recognised and enforcement ordered
Legal Topics
['foreign State Immunity' 'recognition and Enforcement of Arbitral Awards' 'interpretation of International Conventions' 'submission to Jurisdiction']
['arbitration' 'private International Law' 'statutory Interpretation'] ['foreign State Immunity' 'recognition and Enforcement of Arbitral Awards' 'interpretation of International Conventions' 'submission to Jurisdiction']

Case Brief

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Procedural Posture

Application for Recognition and Enforcement of ICSID Arbitral Awards / Final Judgment

Legal Issues

  1. 1 ['Whether a foreign state is immune from the jurisdiction of Australian courts in proceedings for recognition and enforcement of ICSID awards under the International Arbitration Act and the Foreign States Immunities Act' 'Whether the Investment Convention excludes any claim for foreign state immunity in such proceedings' 'Whether Spain submitted to the jurisdiction of the Federal Court by becoming a Contracting State to the Investment Convention and ECT' 'Distinction between recognition/enforcement and execution under the Investment Convention and Immunities Act']

Ratio Decidendi

By becoming a Contracting State to the Investment Convention and ECT, Spain submitted to the jurisdiction of the designated Australian courts for the purposes of recognition and enforcement of ICSID awards, thereby waiving any claim to foreign state immunity under s 10 of the Foreign States Immunities Act. The Investment Convention requires recognition and enforcement of the award, and preserves immunity only at the stage of execution.

Court Disposition

Spain's claim to foreign state immunity rejected; awards recognised and enforcement ordered

Orders

  • ['Applicants granted leave under s 35(4) of the International Arbitration Act 1974 (Cth) to enforce ICSID awards as if they were judgments of the Court' 'Kingdom of Spain to pay Eiser Infrastructure Ltd and Energia Solar Luxembourg S.A.R.L €128,000,000 plus interest and costs' 'Kingdom of Spain to pay Infrastructure...