Recent English Developments on the Enforcement of Judgments and Awards against State Assets

About the Programme

The seminar will provide an outline of the approach of the English Courts, with particular reference to the scope of State Immunity, the identification of commercial assets of a State, as well as the impact of separate legal personality with regard to the assets of State Corporation which may be targeted for enforcement measures. The impact of recent decisions such as General Dynamics v. Libya on the ease of enforcing arbitral awards will be highlighted.

In the context of greater incidence of Investment Treaty claims against States, as well as the proliferation of State contracts in the context of infrastructure development and broader commercial activity, the practice of the English Courts (which have tended to be a major focal point for judgment/award enforcement measures) may provide a useful indication of the likely approaches in other similar jurisdictions.