RE: Gone away?19 Jun 2023 17:11
Chess,
Thank-you for starting the discussion.
I have been following the Spain vs Infrastructure Services Case closely as it is one that has been due to come to its conclusion most recently. I presume you have read the judgement written by the Honourable Mr Justice Fraser after the final hearing at the High Court earlier this year?
Your initial point of countries trying to hide assets to avoid payment does not seem to be apparent in this case. However, I see that you have changed the point you are now making into one of " , just how difficult & long these States can make this process after 'losing'their cases."
I think we are all aware of that. It certainly didn't need an ex chess champion to highlight the fact that the arbitration process has taken some time.
You were asked to provide details of states hiding their assets. All you have shown is that cases take a long time.
And the Spain case has actually helped Rockhopper. In his judgement, Me Justin Fraser writes:
"However, there are no proper grounds for setting aside the Order or refusing to
recognise the Award, and on all the different arguments raised by Spain on its
application – those based on lack of jurisdiction or immunity, no arbitration agreement,
an invalid award and so on - and also non-disclosure to the judge who made the Award,
Spain has failed. I would add only this. I have produced this judgment in order to
explain the analysis that I consider both underpins the domestic enforcement regime for
ICSID awards under the 1966 Act, and to address Spain’s carefully advanced and
argued multiple grounds of opposition to the Order. This should not be taken as
encouragement by any state in a similar position to Spain that there is a lengthy and
costly legal argument, based on wide-ranging arguments under international law, to be
had on all or any attempts to obtain recognition of an ICSID award by an investor under
the 1966 Act. There is not.
t. "
You are aware of the theory of case law? - I wonder if King and Spalding are aware of this judgement?
Mogger/Moggsy - (Latics - look at the abuse that your friend shows!)
https://www.judiciary.uk/wp-content/uploads/2023/05/Infrastructure-Services-Luxembourg-v-Kingdom-of-Spain.pdf
Sign In
Follow the stocks
