Tag: UK

UK’s Court of Appeal Affirms No Adjudicative Immunity for States in ICSID Award Registration Proceedings

By Dimitar Arabov[1] Registering arbitral awards rendered pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (the “ICSID Convention” and, respectively, “ICSID Award(s)”) in England & Wales ought to be, at least in principle, a reasonably straightforward matter. The implementing legislation of the ICSID Convention in… Read More UK’s Court of Appeal Affirms No Adjudicative Immunity for States in ICSID Award Registration Proceedings

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The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

by Ioana Maria Bratu[1] On 19 January 2024 the High Court of Justice of England and Wales (EWHC or the English court) dismissed Zimbabwe’s state immunity argument to set aside the 2015 $125m ICSID arbitration award in Border Timbers Limited & Anor v Republic of Zimbabwe ([2024] EWHC 58 (Comm)). While the Court ultimately sided… Read More The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

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Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

by Aleksander Kalisz[1] In the recent Infrastructure Services Luxembourg v Spain [2023] EWHC 1226 (Comm), the English High Court dismissed an application by Spain to set aside an order to register an ICSID arbitral award in favour of Infrastructure Services Luxembourg. In doing so, the High Court rejected Spain’s objection to the enforcement of intra-EU… Read More Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

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