In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court ruled that South Africa was entitled to state immunity in an in rem claim by salvors of a World War II shipwreck. The Court found that the silver onboard was not “used or intended for commercial purposes” at the … Continue reading “Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16”

The case concerns the enforcement of an arbitral award against a property owned by the State of Libya in London. The key issue was whether Libya had waived its state immunity from enforcement through a clause in the original contract. The English High Court ruled in favour of General Dynamics, finding that the contract’s wording … Continue reading “General Dynamics United Kingdom Ltd v State of Libya [2024] EWHC 472 (Comm)”

By way of the decision in Infrastructure Services Luxembourg SARL & Anor v The Kingdom of Spain (“Antin v. Spain”), which was heard together with the appeal in Border Timbers Limited & Anor v Republic of Zimbabwe (“Border Timbers v. Zimbabwe”), the UK Court of Appeal has ruled that when ICSID Contracting States agree to … Continue reading “Infrastructure Services Luxembourg S.À.R.L., Energia Termosolar B.V. v The Kingdom of Spain AND Border Timbers Limited, Hangani Development Co. (Private) Limited v Republic of Zimbabwe”

The judgment in Operafund Eco-Invest SICAV Plc v Kingdom of Spain, delivered by Lord Justice Fraser on 25 January 2024, presents a complex legal landscape surrounding the enforcement of an ICSID arbitration award against Spain. The case involves two primary applications: Spain’s attempt to set aside a Registration Order made by Cockerill J on September … Continue reading “Operafund Eco-Invest Sicav Plc v Kingdom of Spain [2024] EWHC 82 (Comm)”

The decision represents a significant development in the interpretation of state immunity laws in the context of digital surveillance. The Court of Appeal considered Bahrain’s appeal from Justice Julian Knowles’ decision ([2023] EWHC 89 (KB)) to address whether Bahrain could claim state immunity under the SIA in relation to allegations of cyber espionage against two … Continue reading “Dr Saeed Shehabi Moosa Mohammed v The Kingdom of Bahrain [2024] EWCA Civ 1158”

On 20 December 2024, the Court of Appeal dismissed Spain’s appeal, rejecting its claim to immunity from a former employee’s allegations of discrimination and constructive dismissal at its UK embassy. Significantly, the Court held that embassy roles not involving sovereign authority are not immune under the SIA. It also allowed the Claimant, a dual Spanish … Continue reading “The Kingdom of Spain v Lydia Lorenzo [2024] EWCA Civ 1602”

The Court of Appeal addressed issues of sovereign immunity and the methods of service of court documents in foreign jurisdictions. The court upheld that President Filipe Nyusi, as the current Head of State of Mozambique, was entitled to immunity from jurisdiction under the State Immunity Act 1978. Additionally, the court examined whether service of the … Continue reading “Privinvest Shipbuilding Sal (Holding) and Others v Filipe Jacinto Nyusi [2024] EWCA Civ 184”

*An appeal from this decision was heard by the Supreme Court on 6 November 2024 and a decision is awaited. The Court of Appeal (Civil Division) dismissed an appeal by the Royal Embassy of Saudi Arabia (Cultural Bureau) against an Employment Tribunal decision rejecting their claim of state immunity in a discrimination case. The appellant … Continue reading “Royal Embassy of Saudi Arabia (Cultural Bureau) v Antoinette Costantine [2024] EWCA Civ 332”

The dispute involved Zhongshan Fucheng Industrial Investment Co Ltd (“Zhongshan”), a Chinese company, and the Federal Republic of Nigeria (“Nigeria”). Zhongshan sought to enforce an arbitration award amounting to approximately US$55.6 million against Nigeria. To satisfy this award, Zhongshan applied for final charging orders over two residential properties in Liverpool owned by Nigeria. Background: Zhongshan … Continue reading “Zhongshan Fucheng Industrial Investment Co. Ltd. v The Federal Republic of Nigeria [2024] EWHC 1503 (Comm)”