ICSID: enforcement of ICSID awards

In Border Timbers Ltd and Another v Republic of Zimbabwe [2024] EWHC 58 (Comm); [2024] 1 Lloyd's Rep 427, Dias J had to determine whether an order enforcing an ICSID arbitration award could be set aside on the basis of sovereign immunity. In a detailed and closely reasoned judgment, Dias J held that the question of sovereign immunity was not engaged until the stage at which the court's order enforcing the award was served on the defendant state.

The judgment in this case was affirmed by the Court of Appeal on 22 October. However, the Court of Appeal's reasons for upholding the judgment of Dias J were quite different from the analysis in her judgment. The Court of Appeal's decision will be discussed in detail in a future issue of Arbitration Law Monthly .