Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 112 (25 June 2021) (Allsop CJ, Perram and Moshinsky JJ)


Catchwords:


ARBITRATION – international arbitration – application for recognition of award of the International Centre for Settlement of Investment Disputes under s 35(4) of the International Arbitration Act 1974 (Cth) (‘Arbitration Act’)

PUBLIC INTERNATIONAL LAW – foreign state immunity – interpretation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID Convention’) and the Arbitration Act – whether parties entitled to an order made pursuant to s 35 of the Arbitration Act and Art 54 of the ICSID Convention in the nature of an exequatur – parties so entitled

PRACTICE AND PROCEDURE – orders – appropriate form of orders to preserve the distinction between recognition and execution of arbitral awards – appropriate form of orders so as to avoid derogation from the law in force in relation to immunity from execution – award to be recognised as if it were a judgment of the Court

COSTS – intervention – whether unsuccessful intervener liable for costs – intervention resulted in the increase in costs to a degree – intervener liable for costs referable to the application to intervene