Topic: Sovereign immunity

BVI court unfreezes Pakistani airline assets

A court in the British Virgin Islands has lifted attachments obtained by an ICSID creditor against US$3.1 billion worth of assets belonging to Pakistan’s national airline, including interests in two hotels in New York and Paris.

26 May 2021

Tajik state airline escapes Lithuanian award

A court in Washington, DC, has dismissed a Lithuanian creditor’s attempt to enforce a US$20 million award against Tajikistan’s national airline carrier, ruling the state-owned company lacked sufficient minimum contacts with the United States.

02 February 2021

Australian court rules on recognition of ICSID awards

The Federal Court of Australia has affirmed that Spain is not entitled to rely on sovereign immunity as a defence to recognition of a €101 million ICSID award – while holding that a first-instance judge took the wrong approach in the form of recognition he granted.

01 February 2021

Dutch court sets aside Kazakh attachment ruling

The Dutch Supreme Court has set aside a decision upholding a US$5.2 billion attachment against Kazakhstan’s sovereign wealth fund over an Energy Charter Treaty award – while several US hedge funds with an interest in the award face renewed fraud allegations.

08 January 2021

US court won’t enforce Iraqi oilfield award

A court in Washington, DC has refused to enforce an ICC award against an Iraqi state-owned oil company – ruling the entity was separate from the state and lacked commercial ties to the jurisdiction.

30 October 2020

Spain and France not immune from oil spill suits

The Commercial Court in London has ruled that Spain and France cannot invoke sovereign immunity to avoid litigation brought by an insurance club over the two states’ alleged failure to honour arbitral awards relating to an oil spill in the Atlantic 18 years ago.

24 July 2020

Nigeria to raise sovereign immunity as it resists mega-award

A US district court must first hear Nigeria’s sovereign immunity defence before ruling on an oil and gas company’s bid to enforce an almost US$10 billion award against the state, following a decision by an appeals court in Washington, DC.

22 June 2020

Spain solar awards enforced in Australia

An Australian court has enforced a pair of ICSID awards worth a combined €229 million plus interest in favour of European solar power investors against Spain, rejecting the state’s sovereign immunity defence.

24 February 2020

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