Trends in the enforcement of ICSID awards: is the UK still a hospitable jurisdiction for the enforcement of investor-State awards?

The session will explore the recent decisions from the English High Court which consider questions of state immunity in the context of the enforcement of arbitral awards against states. The panel will discuss whether the UK is still a hospitable jurisdiction for the enforcement of investor-State awards, while certain national courts within the EU have created significant obstacles for States seeking to enforce in those jurisdictions. Particular focus will be paid to the recent decisions in Infrastructure Services Luxembourg SaRL & Anor v Kingdom of Spain [2023] EWHC 1226 (Comm) (24 May 2023) and Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC (Comm) (19 Jan 2024), which create diverging paths for the Court of Appeal to resolve. The panel will also discuss practical issues in respect of asset identification and execution again State assets.