UNITED KINGDOM 130

Court of Appeal, 22 October 2024

(Infrastructure Services Luxembourg S.A.R.L. et al. v. Kingdom of Spain)

AND ... Read more

Court of Appeal, 22 October 2024

(Infrastructure Services Luxembourg S.A.R.L. et al. v. Kingdom of Spain)

AND

(Border Timbers Limited et al. v. Republic of Zimbabwe)

22 - 10 - 2024

UNITED KINGDOM 130

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction United Kingdom
Summary

The Court of Appeal affirmed the registration of two ICSID awards rendered against Spain (UK no. W6)) and Zimbabwe (UK no. W7)). It found that the defendant states could not invoke sovereign immunity because, by signing the ICSID Convention, they were bound by its Art. 54, which constituted a waiver of immunity from jurisdiction. The Court rejected Zimbabwe’s  argument that this interpretation of Art. 54 meant that the same conclusion should be reached in respect of Art. III of the New York Convention, which ran contrary to the position in English law that Art. III does not constitute a waiver. The Court of Appeal found that Zimbabwe did not cite court precedents in support of this alleged position, and that in any case Art. III preserved state immunity because it referred to awards being enforced in accordance with the rules of procedure of the enforcement state, which include the rules on state immunity.

Related topics
105

The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).

"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
UNITED KINGDOM 130