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Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar BV v. Kingdom of Spain

United Kingdom, England.  24 May 2023 .

Published online by Cambridge University Press:  25 April 2025

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Abstract

Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Article 54 — Meaning of prior written agreement — Arbitration (International Investment Disputes) Act 1966 — Recognition and enforcement of award — State Immunity Act 1978 — Section 9 — Exceptions to sovereign immunity — Enforcement of international arbitration award — Whether Spain having sovereign immunity for proceedings to enforce international arbitral awards — Whether Spain’s accession to the ICSID Convention constituting a submission to jurisdiction of United Kingdom Courts

Relationship of international law and municipal law — Treaties — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Arbitration (International Investment Disputes) Act 1966 — State Immunity Act 1978 — Whether Spain entitled to plead foreign State immunity — Whether Spain could challenge arbitral award within United Kingdom courts — Jurisdiction of United Kingdom courts with respect to enforcement and recognition of international arbitral awards granted under ICSID Convention — Relationship between European Union law and international law

Treaties — Interpretation — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Articles 54 and 55 — Meaning of prior written agreement — Meaning of recognition and enforcement of arbitral award — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award

State immunity — State Immunity Act 1978 — Exceptions to immunity — Exception based on prior written agreement by State — Exception to immunity in matters of enforcement of arbitral awards — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Relationship between ICSID Convention and enforcement and recognition of arbitral awards by domestic courts

Jurisdiction — Whether Spain could challenge arbitral award within United Kingdom courts — Jurisdiction of United Kingdom courts with respect to enforcement and recognition of international arbitral awards granted under international Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Role and powers of United Kingdom courts in recognizing and enforcing arbitral awards — The law of England

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2025

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