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12 December 2025 / Harriet Campbell , Kamran Rehman
Issue: 8143 / Categories: Features , Arbitration , Commercial , ADR , International
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Award enforcement: No substitutions allowed

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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