Foreign States in English Courts

An American investment fund obtained a USD 48m UNCITRAL award against Korea under Chapter 11 of the United States-Korea Free Trade Agreement (the “Treaty”).  Korea challenged the award under section 67 of the Arbitration Act 1996 (the “Act”), arguing the claim did not fall within Chapter 11 and the tribunal lacked jurisdiction.  The Court of … Continue reading “Republic of Korea v Elliott Associates, LP [2025] EWCA Civ 905”

Mr Josef Stava and his company, Diag Human SE (“Diag”), obtained a USD $350m award against the Czech Republic (“CZR”) under the CZR-Switzerland BIT.  CZR challenged the award under section 67 of the Arbitration Act 1996 (the “Act”), arguing the claimants were not qualifying investors under the BIT and the tribunal therefore lacked jurisdiction.  The … Continue reading “The Czech Republic v Diag Human SE [2025] EWCA Civ 588”

Three former Yukos majority shareholders (the “Shareholders”) initiated enforcement proceedings in England, in the latest instalment of the Shareholders’ long-running international efforts to enforce arbitral awards with an approximate value of $50 billion.  The Court of Appeal considered whether the State immunity Act 1978 (“SIA”) prevented a final and binding determination by a foreign court … Continue reading “Hulley Enterprises Ltd & Ors v The Russian Federation”

The United States sought the extradition of Mr. El-Khouri, a dual UK-Lebanese national residing in the United Kingdom, for prosecution in the United States District Court for the Southern District of New York under Section 137 of the Extradition Act 2003.  The Supreme Court held that the extradition request fell within Section 137(4) but failed … Continue reading “El-Khouri v Government of the United States of America”

Ms. Costantine initially brought a claim in the Employment Tribunal, which dismissed the Royal Embassy of Saudi Arabia (Cultural Bureau)’s assertion of State immunity.  The Cultural Bureau appealed all the way to the Supreme Court, which held: (1) English courts have a duty under Section 1(2) of the State Immunity Act 1978 (“SIA”) to consider … Continue reading “The Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine”

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”