Work Area: Sovereign immunity

Top US court to hear Indian enforcement battle

The US Supreme Court has agreed to hear an appeal of a jurisdictional issue arising from efforts to enforce a US$1.3 billion ICC award against an Indian state-owned satellite company. 

07 October 2024

Conoco seizes PDVSA funds in Trinidad

ConocoPhillips has persuaded a court in Trinidad and Tobago to appoint a receiver over payments the Caribbean country owes to Venezuela’s PDVSA, as part of the US oil company’s efforts to recover US$1.3 billion under an ICC award. 

02 October 2024

Telecoms investor enforces against Peru but not state agency

A US court has issued a default judgment permitting a telecoms company to enforce ICC awards worth US$190 million against Peru – but has refused to do the same against a state agency that is contesting enforcement.  

02 October 2024

Assignee enforces another renewables award against Spain

A Delaware entity that was assigned the rights to a €23.5 million ICSID award against Spain relating to renewable energy reforms has won an order for its enforcement in a US court.

27 September 2024

Canadian court says Indian airports authority has immunity

The Superior Court in Quebec has ruled that India’s airports authority enjoys state immunity – a blow to a group of telecoms investors who had been targeting its assets as they try to enforce an investment treaty award. 

12 September 2024

The ripple effects of double waiver of immunity

Invited to discuss a "provocative" idea in the field of international dispute resolution for the latest 3 Verulam Buildings and National University of Singapore Arbitration Lecture, Philippa Webb chose to speak about double waiver of immunity and its "ripple effects". 

10 September 2024

Gazprom fails to lift Dutch attachment by invoking BIT

A Dutch court has upheld a freeze on Gazprom’s assets obtained by a Ukrainian company, rejecting the Russian entity’s argument that the attachment violated the Netherlands’ bilateral investment treaty with the former Soviet Union. 

04 September 2024

Iraq fails to undo confirmation of sea wall award

Iraq and one of its state-owned entities have failed to reverse the confirmation of a US$120 million ICC award relating to the construction of a sea wall after a US court rejected their sovereign immunity arguments. 

22 August 2024

US appeals court rules against Spain in fight over intra-EU awards

In a closely watched case, a US appeals court has ruled that district courts have jurisdiction to enforce three intra-EU Energy Charter Treaty awards against Spain – while overturning anti-suit injunctions issued against the state. 

19 August 2024

Nigeria loses sovereign immunity appeal over treaty award

A divided US appeal court has rejected Nigeria’s sovereign immunity defence to the enforcement of a US$70 million investment treaty award won by a Chinese investor in a free trade zone. 

12 August 2024

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