header-logo header-logo

12 December 2025 / Harriet Campbell , Kamran Rehman
Issue: 8143 / Categories: Features , Arbitration , Commercial , ADR , International
printer mail-detail

Award enforcement: No substitutions allowed

238290
Can the enforcement of arbitral awards be assigned to a third party? Kamran Rehman & Harriet Campbell report
  • Assignment of substantial awards, particularly in investor-state disputes, is increasingly common and there is a growing secondary market in funding enforcement actions.
  • In Operafund Eco-Invest SICAV plc & Anor v Spain, however, the Commercial Court held that ICSID awards are not capable of assignment.

Getting an arbitral award in your favour—especially against a sovereign state—is an immense achievement. It is, however, often only half the battle and far from winning the war.

Enforcing arbitral awards can take up significant time and expense. For that reason, assigning the award to a third party to pursue, for say a lump sum or percentage of recoveries, may seem a sensible strategy. Unfortunately for parties contemplating this course, the English Commercial Court ruled last month in Operafund Eco-Invest SICAV plc and another company v The Kingdom of Spain [2025] EWHC 2874 (Comm) that awards made pursuant to the International Centre for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll