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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.
Client Alert December 5, 2023
UK to Update Arbitration Act and Join Hague Convention on Recognition and Enforcement of Foreign Judgments
The U.K. will update its Arbitration Act and join the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, two steps that will further strengthen its position as a leading center for the resolution of cross-border commercial disputes.
Client Alert May 31, 2023
UK and Australian Courts Confirm No Sovereign Immunity from Recognition of ICSID Arbitral Awards Against Sovereign States
Our lawyers discuss rulings in UK and Australia courts on the enforcement of arbitral awards against sovereign States.
Client Alert May 30, 2023
Russia in the European Court of Human Rights – Recent Decisions May Impact Rights of Investors
Our lawyers provide a summary of two decisions issued by the European Court of Human Rights in cases concerning Russia's actions in Ukraine and Georgia, which are alleged to be violations of the European Convention on Human Rights.
Client Alert December 5, 2022
Energy Charter Treaty – Recent Developments
Our lawyers provide an update on recent announcements by several European Union Member States of their intention to withdraw from the Energy Charter Treaty.
Client Alert September 7, 2021
Intra-EU Arbitration Under the ECT Is Incompatible with EU Law According to the CJEU in Republic of Moldova v Komstroy
On 2 September 2021, the Court of Justice of the European Union issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty is not applicable to “intra-EU” disputes (that is, disputes between an investor of an EU Member State on the one hand, and an EU Member State on the other.)