State Immunity And Enforcement Of ICSID Arbitration Awards

The Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and another; Republic of Zimbabwe v Border Timbers Ltd and another [2026] UKSC 9

This Supreme Court decision concerned the application of state immunity in the context of the enforcement of ICSID arbitration awards in the UK. On appeal, the Supreme Court was asked to determine whether Spain and Zimbabwe could rely on their on their sovereign immunity under the State Immunity Act 1978 (“SIA”) to set aside the registration of two adverse ICSID awards in the High Court under the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”). The UK has given effect to its obligation to make the provisions of the ICSID Convention effective in its territories under the 1966 Act.