United Kingdom: Sovereign Immunity: Public Sector Government

The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award

English Court Of Appeal Rules That Signing The New York Convention Does Not Waive State Immunity From Adjudication

Enforcing arbitral awards against sovereign States presents complex strategic and practical challenges, particularly when navigating sovereign immunity arguments, cross-border asset identification, and multi-jurisdictional enforcement proceedings. A recent London International Disputes Week discussion examined these issues through the lens of the landmark Zhongshan v. Nigeria case, where a Chinese investor successfully secured and enforced a USD 70 million investment arbitration award against an African Sta

In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022...

The UK Government is demonstrating a desire to increase the diversity of investment in the UK. The objective will be to increase investment in funds directed towards women and ethnic minorities...

The arbitrability of intra-EU disputes under the Energy Charter Treaty (ECT) has been a vexed issue in recent years, particularly following EU court decisions which have cast doubt on the compatibility with EU law...

The COVID-19 pandemic has seen an increase in staycations and this means many people are making use of caravans, campervans and motorhomes for their holidays

The claimant, Walter Tzvi Soriano, resident in London, issued proceedings against the sixth defendant, Richard Silverstein, resident in the USA, for defamation.

The silver was being carried on the SS Tilawa - a privately-owed merchant ship - during World War II.