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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

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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