‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’
Kluwer Arbitration Blog, 30th March 2024
