Like previous years, award creditors have continued to seek the aid of U.S. district courts to enforce arbitration awards against African states. This year in review post zooms in on this practice…
For over 40 years, since Israel ratified the ICSID Convention (“the Convention”) in 1983, its obligations under the treaty have remained largely theoretical. This long-standing status quo was finally…
In a unanimous decision issued on 9 July 2025, the Portuguese Supreme Court of Justice ("STJ") declined to overturn a lower court’s ruling of February 2025 that recognised a 2014 ICSID arbitral award…
To enforce arbitral awards against recalcitrant sovereign debtors, creditors have occasionally resorted to searching for assets embezzled from sovereigns and seeking to attach them. But two recent…
In February 2025, the Court of Appeal of England & Wales unanimously dismissed Russia’s appeal against the English High Court’s decision that issue estoppel applies to its determination of the…
In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various…
The Antrix-Devas saga continues to present twists and turns (see previous coverage on the Blog here, here and here). The latest is the recent decision of the Full Court of the Federal Court of…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction…
On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the…
