Full Court Minute Books

Case S43/2022

Kingdom of Spain v. Infrastructure Services Luxembourg S.à.r.l. & Anor

Case No.

S43/2022

Case Information

Lower Court Judgment

25/06/2021 Federal Court of Australia (Allsop CJ, Perram and Moshinsky JJ)

[2021] FCAFC 3 and [2021] FCAFC 112

Catchwords

Private international law – Foreign state immunity – Interaction  between s 9 of Foreign States Immunities Act 1985 (Cth) ("Immunities Act") and Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention") – Where proceedings commenced in Federal Court for recognition of award of International Centre for Settlement of Investment Disputes ("ICSID") under s 35(4) of International Arbitration Act 1974 (Cth) ("Arbitration Act") – Where Kingdom of Spain asserted sovereign immunity – Where s 9 of Immunities Act provided that foreign state immune from jurisdiction of courts of Australia in proceeding – Where s 10 of Immunities Act provided foreign state not immune in proceeding in which it submitted to jurisdiction whether by agreement or otherwise – Where Art 54(1) provided each Contracting State shall recognize award rendered pursuant to ICSID Convention as binding – Where Art 54(2) of ICSID Convention referred to recognition or enforcement of award – Whether, by Art 54 of ICSID Convention, Kingdom of Spain agreed to submit itself to jurisdiction within meaning of s 10 of Immunities Act – Whether ICSID Convention excludes claims for foreign state immunity in proceedings for recognition and enforcement of an award – Proper meaning of "recognition" and "enforcement" in Art 54.

Documents*

18/03/2022 Hearing (SLA, Canberra by remote connection)

01/04/2022 Notice of appeal

06/05/2022 Written submissions (Appellant)

06/05/2022 Chronology (Appellant)

20/05/2022 Written submissions (European Commission, seeking leave to appear as amicus curiae)

03/06/2022 Written submissions (Respondents)

24/06/2022 Reply

25/08/2022 Written submissions in response to European Commissions seeking leave to appear (Respondents)

09/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

08/11/2022 Outline of oral argument (Appellant)

08/11/2022 Outline of oral argument (Respondents)

10/11/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

25/11/2022 Supplementary written submissions (Respondents)