Summary

The respondent, Spain, asserts that it had state immunity under s 3 of the State Immunity Act 1979 ("SIA") in relation to proceedings for the registration/enforcement of an International Centre for Settlement of Investments Disputes ("ICSID") arbitration award (the "Award") in favour of the applicants (the "Dutch Investors"). Those proceedings resulted in the Singapore court making the Registration Order for the Award and the corresponding Decision on Annulment (rejecting Spain's application to annul the Award) to be registered as if they had been judgments of the General Division of the High Court

Spain seeks to set aside the Registration Order based on state immunity.

In the alternative, Spain says that even if it did not have state immunity, the Registration Order should be set aside in the interests of justice.

The Dutch Investors contend that Spain did not have state immunity in relation to the registration/enforcement proceedings, for the exceptions to immunity in ss 4 and 11 of the SIA apply:

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International Law - Sovereign immunity - Sections 3(1), 4(1), and 11(1) State Immunity Act 1979 (2020 Rev Ed) - - Convention on the Settlement of Investment Disputes between States and Nationals of other States - Arbitration - Sections 4 and 5 Arbitration (International Investment Disputes) Act 1968 - Recognition and enforcement - Award under the Convention on the Settlement of Investment Disputes between States and Nationals of other States