Work Area: Sovereign immunity

A Canadian court has ruled that ICC awards worth US$190 million rendered against a Peruvian ministry and one of its entities are also enforceable against Peru as they have no separate legal identity.

03 October 2023

Foreign states will no longer be granted immunity from suit or execution in mainland China and Hong Kong in respect of commercial activities following new legislation that takes effect from the start of next year.

25 September 2023

The Paris Court of Appeal has allowed a Dutch supplier of night vision goggles to seize funds belonging to Iraq’s second-largest bank to satisfy a pair of ICC awards issued against Iraqi ministries two decades ago.

07 August 2023

A UK appeal court has affirmed that a judge who granted ex parte enforcement of an investment treaty award against Nigeria did not have to undertake further investigation of sovereign immunity issues in circumstances where the state missed a deadline to challenge the order.

25 July 2023

A UK court has ruled for the first time that Spain cannot avoid enforcement of an ICSID award by invoking EU law prohibitions on intra-EU investment arbitration.

25 May 2023

A Florida-based renewable energy group is the latest of Spain’s ICSID creditors to seek enforcement in the Australian courts.

17 May 2023

A panel at London International Disputes Week considered the mechanisms available to parties seeking compensation for damages suffered as a result of Russia’s invasion of Ukraine.

16 May 2023

The Swiss Federal Supreme Court has rejected a bid to attach assets belonging to Spain, affirming that an ICSID award holder targeting a foreign state’s assets must demonstrate the matter has a “sufficient domestic connection” to Switzerland.

03 May 2023

Australia’s highest court has affirmed that Spain cannot invoke sovereign immunity to avoid the recognition and enforcement of a €101 million ICSID award – and that the European Court of Justice’s prohibition against intra-EU investment arbitration is irrelevant to this question.

12 April 2023

Spain’s quixotic battle with renewable energy creditors has taken a new turn as an award holder freezes state assets including the London premises of the country’s language and cultural centre, the Cervantes Institute.

06 April 2023