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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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