Infrastructure Services Luxembourg S.A.R.L. & Anor v The Kingdom of Spain

Infrastructure Services Luxembourg S.A.R.L. & Anor v The Kingdom of Spain

Contracting States to the ICSID Convention, including Spain and Zimbabwe, have submitted to the jurisdiction of UK courts for registration and enforcement of ICSID awards by virtue of article 54 of the Convention, satisfying section 2(2) SIA; state immunity does not bar registration of ICSID awards; registration is an adjudicative act and SIA applies, but exceptions in section 2 are engaged automatically by the Convention.

Parties
Claimant/respondent: Infrastructure Services Luxembourg S.À. R. L.; Claimant/respondent: Energia Termosolar B. V.; Defendant/appellant: The Kingdom of Spain; Claimant/respondent: Border Timbers Limited; Claimant/respondent: Hangani Development Co. (Private) Limited; Defendant/appellant: Republic of Zimbabwe
Jurisdiction
England and Wales
Judgment Date
22 October 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed except Zimbabwe's application to set aside registration remitted for directions on non-immunity defences.
Legal Topics
ICSID Convention Enforcement, State Immunity Act 1978, Arbitration Award Registration, Bilateral Investment Treaties, Energy Charter Treaty, Waiver of State Immunity
International Arbitration State Immunity Investment Law ICSID Convention Enforcement State Immunity Act 1978 Arbitration Award Registration Bilateral Investment Treaties Energy Charter Treaty +1 more

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Parties

Infrastructure Services Luxembourg S.À. R. L.

Claimant/respondent

Energia Termosolar B. V.

Claimant/respondent

The Kingdom of Spain

Defendant/appellant

Border Timbers Limited

Claimant/respondent

Hangani Development Co. (Private) Limited

Claimant/respondent

Republic of Zimbabwe

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 1(1) of the State Immunity Act 1978 apply to registration of ICSID awards?
  2. 2 Does article 54 of the ICSID Convention constitute a submission to jurisdiction for purposes of section 2 of the SIA?
  3. 3 Can a foreign state challenge registration of an ICSID award on state immunity grounds?

Ratio Decidendi

Contracting States to the ICSID Convention, including Spain and Zimbabwe, have submitted to the jurisdiction of UK courts for registration and enforcement of ICSID awards by virtue of article 54 of the Convention, satisfying section 2(2) SIA; state immunity does not bar registration of ICSID awards; registration is an adjudicative act and SIA applies, but exceptions in section 2 are engaged automatically by the Convention.

Court Disposition

Appeals dismissed except Zimbabwe's application to set aside registration remitted for directions on non-immunity defences.

Orders

  • Registration of ICSID awards against Spain and Zimbabwe upheld.
  • Zimbabwe's application to set aside registration remitted to Commercial Court for directions as to determination of non-immunity defences.