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Client Alert March 6, 2026
Waived Through: UK Supreme Court Confirms No State Immunity Defence Against ICSID Award Recognition in the UK
The judgment materially strengthens the enforceability of ICSID awards in the United Kingdom. The United Kingdom’s Supreme Court has unanimously …
Client Alert February 18, 2025
UK Court of Appeal Affirms That Issue Estoppel May Preclude States from Re-Arguing State Immunity Issues in an Enforcement Context
The Court of Appeal judgment means that States can be prevented by the doctrine of issue estoppel from relitigating state immunity issues before the English courts if those issues have already been decided in another forum. As such, the judgment provides a potential shortcut through otherwise lengthy and expensive proceedings on questions of state immunity.
Client Alert October 23, 2024
UK Court of Appeal Confirms Sovereign States Are Not Immune from Enforcement Proceedings for ICSID Awards
The UK Court of Appeal has confirmed that ICSID Contracting States’ agreement to Art. 54 of the ICSID Convention is to be interpreted as a “written agreement” waiving State immunity and a submission to jurisdiction under the UK’s State Immunity Act 1978. The decision is positive news for parties looking to enforce ICSID awards in the UK; it re-affirms the UK’s pro-enforcement stance in relation to investor-State awards.