Arbitration
Infrastructure Services Luxembourg SARL and another v Kingdom of Spain [2023] EWHC 1226 (Comm), [2023] All ER (D) 94 (May)
The Commercial Court dismissed an application by the defendant, the Kingdom of Spain, to set aside an order registering an award obtained through arbitration in favour of the claimant. A dispute between the claimants and the defendant under the Energy Charter Treat (ECT) was referred to arbitration. An award was made in the claimants favour in the sum of €120m. The arbitration was one conducted under the International Centre for Settlement of Investment Disputes (the ICSID Convention). The claimants applied to the Commercial Court for registration of the award under the Arbitration (International Investment Disputes) Act 1966 (the 1966 Act). The judge registered the award by means of an order. The defendant applied to have to order set aside on two grounds. Neither of the grounds had any validity. The court took the opportunity to explain the difference between the enforcement of awards under the ICSID Convention and the New York Convention.
