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

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJKINGDOM OF SPAIN  APPELLANTANDINFRASTRUCTURE SERVICES LUXEMBOURG S.À.R.L. & ANOR  RESPONDENTSKingdom of Spain v Infrastructure Services Luxembourg S.à.r.l.[2023] HCA 11Date of Hearing: 9 & 10 November 2022Date of Judgment: 12 April 2023S43/2022ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationC S Ward SC with P F Santucci for the appellant (instructed by K&L Gates)B W Walker SC and J A Hogan-Doran SC with C W Brown for the respondents (instructed by Norton Rose Fulbright)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSKingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. Public international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for recognition and enforcement of arbitral award – Where respondents obtained arbitral award under Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) ("ICSID Convention") – Where respondents sought to enforce award in Australia under s 35(4) of International Arbitration Act 1974 (Cth) – Where s 9 of Foreign States Immunities Act 1985 (Cth) ("Act") provides that a foreign State is immune from jurisdiction of Australian courts – Where appellant asserted foreign State immunity from jurisdiction – Whether appellant waived foreign State immunity from jurisdiction under s 10 of Act by submitting to jurisdiction by agreement – Whether entry into ICSID Convention and agreement to Arts 53, 54 and 55 constituted waiver of immunity from jurisdiction –...