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Jonathan Gimblett and Tom Cusworth of Covington & Burling consider a recent UK Supreme Court ruling that service of enforcement proceedings on a foreign state through diplomatic channels cannot be dispensed with – arguing it has strengthened the hand of debtor states.
22 July 2021
The Eastern Caribbean Court of Appeal has ruled it has no power to grant injunctive relief against Pakistan at the request of an ICSID creditor when a lower court’s finding that the state enjoys immunity has not been set aside.
15 July 2021
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
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
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
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
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
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
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
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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