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Foreign State Immunity and the ICSID Convention

The High Court of Australia has clarified that entry into the ICSID Convention will amount to a waiver of foreign State immunity in respect of the recognition and enforcement in Australia of ICSID investor-state arbitration awards.

Philip Santucci (led by Christopher Ward SC) appeared for the Kingdom of Spain, briefed by K+L Gates. A link the judgment is here.

 

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