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Judgment of the Federal Court of Australia

In Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. v. Kingdom of Spain (ICSID Case No. ARB/13/31)

24 February 2020

Opening of the document

FEDERAL COURT OF AUSTRALIA Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157 File numbers: NSD 601 of 2019 NSD 602 of 2019 Date of judgment: ARBITRATION – international arbitration – applications for recognition and enforcement of awards of the International Centre for Settlement of Investment Disputes (ICSID) under s 35(4) of the International Arbitration Act PRIVATE INTERNATIONAL LAW – foreign state immunity – where foreign state respondent asserts sovereign immunity – interaction between s 9 of the Foreign States Immunities Act 1985 (Cth) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the Investment Convention) which is …