Infrastructure Services Luxembourg SARL & Anor v The Kingdom of Spain

Infrastructure Services Luxembourg SARL & Anor v The Kingdom of Spain

The Court of Appeal has jurisdiction under CPR Part 52.18 to impose a condition requiring security for the award, but there is no compelling reason to do so in this case, particularly given Spain's undertaking to stay the Luxembourg Proceedings and the absence of evidence that Spain would not pay if it ultimately lost.

Parties
Claimant/applicant: Infrastructure Services Luxembourg S.À. R. L.; Claimant/applicant: Energia Termosolar B. V.; Defendant/respondent: The Kingdom of Spain
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Application for Condition to Require Security for Satisfaction of Arbitration Award as a Condition of Appeal
Outcome
Application dismissed
Legal Topics
Enforcement of ICSID Awards, Security for Judgment Pending Appeal, Jurisdiction of Appeal Courts, State Immunity
Arbitration International Law Civil Procedure Enforcement of ICSID Awards Security for Judgment Pending Appeal Jurisdiction of Appeal Courts State Immunity

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Parties

Infrastructure Services Luxembourg S.À. R. L.

Claimant/applicant

Energia Termosolar B. V.

Claimant/applicant

The Kingdom of Spain

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Condition to Require Security for Satisfaction of Arbitration Award as a Condition of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to impose a condition requiring Spain to provide security for the arbitration award as a condition of pursuing its appeal
  2. 2 Whether there is a compelling reason to impose such a condition

Ratio Decidendi

The Court of Appeal has jurisdiction under CPR Part 52.18 to impose a condition requiring security for the award, but there is no compelling reason to do so in this case, particularly given Spain's undertaking to stay the Luxembourg Proceedings and the absence of evidence that Spain would not pay if it ultimately lost.

Court Disposition

Application dismissed

Orders

  • Spain's undertaking to stay the Luxembourg Proceedings until final determination of its appeal is to be recited in the court's order in terms to be agreed between the parties.