header-logo header-logo

24 January 2025 / Neil Newing , Pietro Grassi
Issue: 8101 / Categories: Features , Procedure & practice , Arbitration , International
printer mail-detail

State immunity in arbitration

204786
The court has confirmed that states cannot rely on arguments of immunity to oppose the registration of ICSID awards: Neil Newing & Pietro Grassi examine the wider message for contracting states
  • Last year, the Court of Appeal ruled that foreign states do not enjoy immunity from the registration of ICSID awards in the English courts.
  • This decision once again demonstrates the English court’s favourable approach to arbitration and its desire to preserve the finality and effectiveness of arbitral awards.

In the combined cases of Infrastructure Services Luxembourg SARL and another v Kingdom of Spain; Border Timbers Limited and another v Republic of Zimbabwe [2024] EWCA Civ 1257, the Court of Appeal heard two cases involving challenges by the defendant states to the registration in the English courts of awards rendered against them in International Centre for Settlement of Investment Disputes (ICSID) arbitrations.

The challenges were brought on the basis of state immunity, but the court held that, pursuant to the 1965 Convention on the Settlement

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll