Work Area: Sovereign immunity

China defeats treaty claim over panda reserve

A split tribunal has refused to hear a US$170 million treaty claim brought against China by a Singaporean investor whose phosphate mining activities were curtailed to make way for a panda reserve.

28 February 2023

Malaysian assets frozen again in Luxembourg

Luxembourg assets belonging to Malaysia’s national oil company have been frozen for a second time at the request of Philippine nationals seeking to enforce a US$15 billion award against the Asian state.

16 February 2023

Nigeria’s sovereign immunity defence fails in DC

A US court has rejected Nigeria’s jurisdictional objections to the enforcement of a US$70 million investment treaty award won by a Chinese investor over a joint venture to develop a free trade zone, dismissing the state’s arguments based on sovereign immunity.

30 January 2023

Dutch court enforces Iraqi sea wall award

The Hague Court of Appeal has enforced a US$105 million ICC award against an Iraqi state entity over the construction of the longest sea wall in the world, after rejecting its state immunity defence.

21 November 2022

Ukraine pushes for war claims commission

Ukraine is petitioning the United Nations to create a commission to resolve claims against Russia for financial damages arising out of the war – amid speculation that some US$300 billion in frozen Russian central bank assets could be targeted for enforcement.

10 October 2022

Venezuelan state entity dodges ICSID enforcement in Singapore

Singapore’s High Court has refused to allow one of Venezuela’s ICSID creditors to enforce a US$500 million-plus award against the assets of a state-owned entity facing US sanctions.

20 July 2022

Luxembourg’s top court blocks Micula award

The Luxembourg Court of Cassation has quashed the enforcement of the Micula brothers’ ICSID award against Romania on the basis that the arbitration clause in the underlying investment treaty was nullified when the state joined the European Union.

18 July 2022

Multi-billion attachment against Kazakh fund lifted in sovereign immunity ruling

The Hague Court of Appeal has lifted a US$5.2 billion attachment order imposed on Kazakhstan’s sovereign wealth fund as part of efforts to enforce an Energy Charter Treaty award against the state – as the Moldovan creditors instruct a new counsel team in the long-running dispute.

23 June 2022

India withdraws from airline payments system

India’s airports authority has withdrawn from an international system for collecting airline fees after its funds were frozen by telecoms investors seeking to enforce investment treaty awards.

16 May 2022

Australia’s highest court to hear Spain’s appeal on sovereign immunity

The High Court of Australia has granted Spain special leave to appeal the recognition of a €101 million ICSID award obtained by a Luxembourgish investor affected by its renewable energy reforms.

31 March 2022

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