Danielle Forrester, Author at Kluwer Arbitration Blog

Australia, BIT, Commercial Reservation, Enforcement, From Jurisdiction, India, Investment Arbitration, Investor-State arbitration, New York Convention, Sovereign Immunity

What the Full Federal Court of Australia Decided, and Did Not Decide, in Republic of India v CCDM Holdings [2025] FCAFC 2

Danielle Forrester, Boxun Yin (Banco Chambers)/April 7, 2025April 5, 2025 /Leave a comment

In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various Mauritian entities (the “Investors”) to enforce an arbitral award in the Australian courts. The Full Court upheld immunity on the basis of India’s…

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

Danielle Forrester, Boxun Yin (Banco Chambers)/August 28, 2023August 23, 2023 /Leave a comment

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…