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Infrastructure Services (Antin) v. Spain, Judgment of the United States District Court for the District of Columbia, September 30, 2025

30 Sep 2025
Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V.)​ v. Kingdom of Spain, ICSID Case No. ARB/13/31
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Judgment of the United States District Court for the District of Columbia
Document Details:
LISTED PARTICIPANTS
Judgment of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Loren L. AliKhan
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Infrastructure Services Luxembourg S.À.R.L., Energia Termosolar B.V., Spain
Country
United States
Print reporter
Document Summary
Judgment of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

The United States District Court for the District of Columbia issued an Order entering final judgment to enforce the arbitral award rendered on June 15, 2018, in ICSID Case No. ARB/13/31 against the Kingdom of Spain. The Order follows the Court's prior memorandum opinion confirming the award.

Court's Analysis on Post-Judgment Interest

The principal legal issue addressed in the Order was the applicable rate for post-judgment interest. The Petitioners argued for the application of the federal statutory rate under 28 U.S.C. § 1961. Conversely, Spain contended that the post-award interest rate specified in the underlying ICSID award should govern, asserting that the parties' agreement to arbitrate under the ICSID Convention constituted an implicit agreement to apply the award's specific interest rate.

The Court rejected Spain's argument, holding that upon confirmation, an arbitral award merges into the judgment, thereby rendering it a money judgment subject to the mandatory post-judgment interest rate of Section 1961. The Court emphasized that exceptions to this statutory rate require clear, unambiguous, and unequivocal language agreeing to a different rate, or an explicit statement within the arbitral award itself regarding post-judgment interest. Finding neither exception applicable to the present case, the Court determined that the federal statutory rate must apply.

Decision

The Court ordered the enforcement of the ICSID award as if it were a final judgment of a court of general jurisdiction. Consequently, the Court entered judgment in favor of the Petitioners in the principal amount of $156,630,250.85, plus post-judgment interest accruing at the rate specified in 28 U.S.C. § 1961 from the date of the judgment until fully satisfied.