Infrastructure Services Luxembourg SARL & Anor v Kingdom of Spain [2024] EWCA Civ 52 (01 February 2024)

Infrastructure Services Luxembourg SARL & Anor v Kingdom of Spain [2024] EWCA Civ 52 (01 February 2024)

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

Citation
[2024] EWCA Civ 52
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
01 February 2024
Procedural Posture
Appeal / Application for Condition to Require Security for Satisfaction of Arbitration Award as a Condition of Pursuing Appeal
Outcome
Application dismissed
Legal Topics
Enforcement of ICSID Awards, Security for Judgment Debt, Conditions on Permission to Appeal, Sovereign Immunity, State Aid Under EU Law
Arbitration International Law Civil Procedure Enforcement of ICSID Awards Security for Judgment Debt Conditions on Permission to Appeal Sovereign Immunity State Aid Under EU Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Infrastructure Services Luxembourg S.À. R. L.

Claimant/applicant

Energia Termosolar B. V.

Claimant/applicant

The Kingdom of Spain

Defendant/respondent

Procedural Posture

Appeal / Application for Condition to Require Security for Satisfaction of Arbitration Award as a Condition of Pursuing 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 judgment debt as a condition of pursuing an appeal, but in this case there is no compelling reason to do so, 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

  • Claimants' application for a condition requiring Spain to provide security for the award as a condition of pursuing its appeal is dismissed.
  • Spain's undertaking to stay the Luxembourg Proceedings until final determination of the appeal is to be recited in the court's order.