When will security be required for satisfaction of an arbitration award as a condition of the grant of permission to appeal? (Infrastructure Services v Spain)

Article summary

Arbitration analysis: Infrastructure Services v Spain is a rare case where the courts have had reason to consider the procedure by which a respondent to an application for permission to appeal may contend that conditions should be attached to the grant of permission. That issue arose in the context of an ICSID arbitration award by which the Kingdom of Spain had been held liable for a substantial amount of money to the claimants. Spain sought and obtained permission to appeal an order of the English Courts registering the Award as a judgment of the High Court. The claimants subsequently sought an order requiring Spain to secure their claim in full as a condition of the right to pursue the appeal. The two issues for the Court of Appeal were, firstly, whether that application was open to the claimants, or whether the application had already been made and...