Australia, Energy Charter Treaty, Enforcement, ICSID Convention, Intra-EU ISDS, Investor-State arbitration, State Immunity
Australia as a Recognition and Enforcement Jurisdiction? The High Court of Australia’s Reasoning in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11 and Likely Implications
In June 2018, an International Centre for Settlement of Investment Disputes (ICSID) tribunal issued an award against Spain under the Energy Charter Treaty. The successful claimants then commenced proceedings in Australia seeking recognition and enforcement under the ICSID Convention. Spain responded that it had not submitted to, and therefore had immunity from, the jurisdiction of…