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12 December 2025
Issue: 8143 / Categories: Legal News , Arbitration , International , Jurisdiction , Commercial , ADR
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NLJ this week: Assignment of arbitral award enforcement blocked

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Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned

Faced with thousands of pages of material, the court distilled the key issue to the interpretation of ‘party’ in the ICSID Convention, concluding it meant only a participant in the original arbitration. Private assignment to an entity such as Blasket therefore fell outside the treaty framework.

The judgment also rejected arguments based on estoppel arising from US and Australian proceedings, noting that the foreign decision relied on was not final.

Rehman and Campbell stress the significance for investors and funders: while awards can still be enforced by the original creditor, third-party monetisation through assignment is effectively barred pending appeal, reshaping the economics of the booming enforcement-funding market.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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