Work Area: Sovereign immunity
UK court rules India’s immunity not precluded by New York Convention
The Commercial Court in London has ruled that India’s ratification of the New York Convention is not in itself a waiver of sovereign immunity from the jurisdiction of the English courts in an action to enforce a US$194 million investment treaty award.
22 April 2025
Croatia loses immunity challenge to intra-EU ECT award
A US court has refused to dismiss a Hungarian investor’s action to enforce a US$261 million Energy Charter Treaty award against Croatia – finding the state’s sovereign immunity defence was “foreclosed” as a result of an appellate ruling on other intra-EU ECT awards.
17 April 2025
Nigeria settles dispute with Chinese investor over treaty award
Nigeria has settled its dispute with a Chinese investor in a free trade zone over a US$70 million treaty award, meaning the state has dropped its bid to have the US Supreme Court rule on the scope of sovereign immunity under the New York Convention.
16 April 2025
Libya loses appeal over seizure of former Gaddafi property
The Court of Appeal in London has upheld a charge on a London property linked to Libya’s former leader Muammar Gaddafi, siding with a US defence contractor seeking to collect a £16 million ICC award against the state.
20 February 2025
Guinea beats bid to enforce telecoms award in US
A US court has refused to enforce a telecoms company’s US$25 million ICC award against Guinea, disagreeing with the findings of the tribunal and the courts of the seat that the state was a party to the arbitration agreement.
20 February 2025
Russia loses UK immunity appeal over Yukos awards
The Court of Appeal in London has rejected Russia’s sovereign immunity defence to the enforcement of awards worth US$63 billion won by the former majority shareholders of Yukos.
12 February 2025
Spain denied rehearing in US battle over ECT awards
A US appeals court has refused Spain’s request for a rehearing of its challenge to the enforcement of Energy Charter Treaty awards worth a combined €360 million plus interest in favour of renewable energy investors.
04 December 2024
Delaware court to overhaul Citgo sale process
The Delaware court overseeing the auction of Venezuela’s US refinery business Citgo Petroleum is set to overhaul the process after the country’s arbitral creditors refused to support a proposed US$7 billion sale.
02 December 2024
Nigeria asks US Supreme Court to rule on scope of sovereign immunity
Nigeria has asked the US Supreme Court to rule on the scope of sovereign immunity under the New York Convention, as it seeks to resist enforcement of a US$70 million investment treaty award won by a Chinese investor in a free trade zone.
15 November 2024
UK appeal court rules out immunity defence to ICSID awards
The Court of Appeal of England and Wales has affirmed that states cannot rely on sovereign immunity to oppose the registration of ICSID awards rendered against them – dismissing appeals lodged by Spain and Zimbabwe.
22 October 2024