Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Recognition and enforcement of award — Distinction between enforcement and recognition proceedings — International Arbitration Act 1974 (Cth) implementing ICSID Convention in domestic law — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

Relationship of international law and municipal law — Treaties — ICSID Convention, 1965 — International Arbitration Act 1974 (Cth) — Foreign States Immunities Act 1985 (Cth) — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

Treaties — Interpretation — ICSID Convention, 1965 — Articles 54 and 55 — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Vienna Convention on the Law of Treaties, 1969 — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of Australia

State immunity — Foreign States Immunities Act 1985 (Cth) — Exceptions to immunity — Exception where foreign State agreeing by treaty to submit to jurisdiction — Spain acceding to ICSID Convention — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award

Jurisdiction — State immunity — Foreign States Immunities Act 1985 (Cth) — Spain acceding to ICSID Convention — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether Federal Court of Australia having jurisdiction — The law of Australia