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England and Wales decisions
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The Supreme Court held that Spain and Zimbabwe waived adjudicative immunity under article 54(1) of the ICSID Convention, allowing registration of the awards.
CC/Devas (Mauritius) Ltd & Ors v The Republic of India [2026] EWHC 414 (Comm) (25 February 2026)
The Commercial Court construed a prior order in Devas/India litigation as allowing Dutch-law expert evidence on procedural fairness of the Indian Supreme Court judgment.
On a proper construction of the Teare Order and the Judgment, the parties are permitted to adduce Dutch law expert evidence on the procedural fairness (or otherwise) of the ISCJ as part of the Dutch law criteria for recognition in the Revocation 2 proceedings. If this were not so, the court would grant a variation to allow such evidence. The declaration sought by the Applicants is refused as it would serve no useful purpose.
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The Employment Tribunal did not err in law in finding that Ms Alhayali’s functions were not sufficiently close to the exercise of sovereign authority to attract state immunity under section 4 of the State Immunity Act 1978. The Embassy is not immune from her EU law-derived employment claims. The question of waiver is academic given this finding. The claim for psychiatric injury falls within the personal injury exception in section 5, but the interaction with sections 4 and 16 means that only claims not excluded by those sections are permitted. The appeal is allowed and the ET’s order restored.
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CC/Devas (Mauritius) Ltd & Ors v The Republic of India (Re Consequential Matters) [2025] EWHC 1189 (Comm) (16 May 2025)
The High Court granted permission to appeal on a state immunity issue under the SIA and reserved costs, holding the matter was exceptional and should be decided later.
The Court of Appeal declared section 4(2)(a) of the State Immunity Act 1978 incompatible with Article 6 ECHR and made a pro bono costs order.
Kingdom of Spain v Lorenzo [2024] EWCA Civ 1602 (20 December 2024)
The Court of Appeal dismissed Spain’s appeal against a refusal of state and diplomatic immunity in an employment discrimination claim by a locally recruited embassy worker.
Infrastructure Services Luxembourg SARL & Anor v The Kingdom of Spain [2024] EWCA Civ 1257 (22 October 2024)
The Court of Appeal held that registering ICSID awards engages state immunity, but Spain and Zimbabwe were not immune where treaty arbitration agreements applied.
The Court of Appeal held that state immunity did not bar registration of ICSID awards, finding article 54 of the ICSID Convention amounted to submission to jurisdiction under section 2 SIA.
Service in Mozambique was only valid through judicial authorities per PD6B; Respondent, as Head of State, has immunity from jurisdiction under section 20 State Immunity Act 1978, and no necessary modification to Vienna Convention exceptions applies.
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