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

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

The High Court is bound by the Arbitration (International Investment Disputes) Act 1966 and the ICSID Convention to recognise and enforce the award, subject only to authenticity and limited exceptional defences not overlapping with Convention grounds. Spain had waived immunity by treaty and the ECT/ICSID Convention provided a valid arbitration agreement. EU law does not override these obligations. There was no material non-disclosure by the claimants. Spain's application to set aside the recognition order fails.

Parties
Claimant: Infrastructure Services Luxembourg S.À. R. L. (formerly Antin Infrastructure Services Luxembourg S.À. R. L.); Claimant: Energia Termosolar B. V. (formerly Antin Energia Termosolar B. V.); Defendant: Kingdom of Spain
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Application to Set Aside Order Registering ICSID Arbitration Award / Judgment on Application to Set Aside Ex Parte Recognition Order
Outcome
Application dismissed; recognition order stands.
Legal Topics
ICSID Convention, Energy Charter Treaty, Recognition and Enforcement of Arbitral Awards, State Immunity, EU Law and International Treaties
Arbitration International Law State Immunity ICSID Convention Energy Charter Treaty Recognition and Enforcement of Arbitral Awards EU Law and International Treaties

Case Brief

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Parties

Infrastructure Services Luxembourg S.À. R. L. (formerly Antin Infrastructure Services Luxembourg S.À. R. L.)

Claimant

Energia Termosolar B. V. (formerly Antin Energia Termosolar B. V.)

Claimant

Kingdom of Spain

Defendant

Procedural Posture

Application to Set Aside Order Registering ICSID Arbitration Award / Judgment on Application to Set Aside Ex Parte Recognition Order

Legal Issues

  1. 1 Whether the High Court had jurisdiction to register and recognise the ICSID award against Spain under the Arbitration (International Investment Disputes) Act 1966
  2. 2 Whether Spain was entitled to state immunity under the State Immunity Act 1978
  3. 3 Whether there was a valid arbitration agreement under the ECT and ICSID Convention

Ratio Decidendi

The High Court is bound by the Arbitration (International Investment Disputes) Act 1966 and the ICSID Convention to recognise and enforce the award, subject only to authenticity and limited exceptional defences not overlapping with Convention grounds. Spain had waived immunity by treaty and the ECT/ICSID Convention provided a valid arbitration agreement. EU law does not override these obligations. There was no material non-disclosure by the claimants. Spain's application to set aside the recognition order fails.

Court Disposition

Application dismissed; recognition order stands.

Orders

  • Spain's application to set aside the recognition order is dismissed.
  • The ICSID award remains recognised and enforceable as a judgment of the High Court.