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England and Wales Case Law

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International arbitration

CC/Devas (Mauritius) Ltd & Ors v Republic of India

The High Court held that India’s ratification of the New York Convention did not itself waive state immunity or submit India to English court jurisdiction.

  • Enforcement of arbitral awards
  • Waiver of state immunity
  • Interpretation of treaties
  • Bilateral investment treaties
  • Jurisdiction of english courts
  • State-immunity
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International arbitration

General Dynamics United Kingdom Limited v The State of Libya

The Court of Appeal held that Libya’s arbitration clause, read with the ICC Rules, gave written consent under section 13(3) SIA to enforcement against state property.

  • Waiver of state immunity
  • Enforcement of arbitral awards
  • Interpretation of arbitration clauses
  • Execution against state property
  • State-immunity
  • Arbitral-award-enforcement
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International arbitration

Infrastructure Services Luxembourg S.A.R.L. & Anor v The Kingdom of Spain

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.

  • Icsid convention enforcement
  • State immunity act 1978
  • Arbitration award registration
  • Bilateral investment treaties
  • Energy charter treaty
  • Waiver of state immunity
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Civil procedure [2015] EWHC 68 (Comm)

PCL & Ors v The Y Regional Government of X

PCL & Ors v The Y Regional Government of X [2015] EWHC 68 (Comm) (23 January 2015)

The High Court held that service rules for proceedings against a state applied to a s.42 Arbitration Act application, and set aside without notice orders for non-disclosure.

  • Service of process on foreign states
  • State immunity act 1978 s.12
  • Alternative service
  • Full and frank disclosure
  • Waiver of state immunity
  • Arbitration act 1996 s.42
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.