Infrastructure Services Luxembourg SARL v Kingdom of Spain 2019 FCA 1220 - Federal Court of Australia - Order - 1 August 2019
Country
Year
2019
Summary
Catchwords:
ARBITRATION - international arbitration - application for stay of proceeding for recognition and enforcement of award of a tribunal of the International Centre for Settlement of Investment Disputes (ICSID) under s 35(4) of the International Arbitration Act 1974 (Cth) - where there is an application for annulment of the award by ICSID - where enforcement of award automatically stayed by ICSID until determination of annulment application - application to stay enforcement proceeding - application granted
PRIVATE INTERNATIONAL LAW - foreign State immunity - where foreign State respondent asserts immunity and applicant applies to stay proceeding - s 9 of Foreign States Immunities Act 1985 (Cth) does not deprive the Court of jurisdiction to determine the stay application