INFRASTRUCTURE SERVICES LUXEMBOURG SARL AND ANOTHER V KINGDOM OF SPAIN; BORDER TIMBERS LTD V REPUBLIC OF ZIMBABWE

[2024] EWCA Civ 1257, Court of Appeal, Sir Julian Flaux, Chancellor, Lord Justice Newey and Lord Justice Phillips, 22 October 2024

Arbitration – Sovereign immunity – Arbitration award obtained under ICSID Convention 1965 – Enforcement in England – Whether accession to ICSID was submission to jurisdiction – ICSID Convention, articles 53 to 55 – State Immunity Act 1978, sections 1, 2 and 9

These were appeals in two joined cases involving Zimbabwe and Spain in which they sought to overturn first instance judgments holding that they were not entitled to rely upon the State Immunity Act 1978 to resist the recognition and enforcement in England of awards made against them in arbitrations held under the auspices of ICSID.