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Court fails to find any risk of double recovery in the von Pezold and Border Timber arbitrations
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Court finds no reason to impose obligation to prove presence of assets in Malaysia
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MFN clause in BITs ensures that award cannot have restricted enforcement in contracting parties’ jurisdictions
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No limitation contained in Swiss or German BITs on jurisdictions of enforcement
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Lack of procedural framework in ICSID Act does not limit court’s jurisdiction
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Sovereign immunity of little importance at stage of recognition of award
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Court upholds jurisdiction based on ICSID Act
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Background: Zimbabwe challenges registration of award in Malaysia
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While claimants failed to make proper disclosures, they should not be penalised as there was no impact on the decision
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State immunity is not engaged at stage of registration of ICSID award
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SIA’s arbitration exception requires court to examine tribunal’s jurisdiction anew
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Waiver under Article 54 ICSID Convention is too general to qualify as submission to jurisdiction in the sense of Section 2 of SIA
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Any waiver of sovereign immunity must be “express”; previous decisions from other jurisdictions are of limited relevance
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French and Spanish versions of Articles 53-55 ICSID Convention clarify ambiguity between enforcement, recognition, and enforcement
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1966 Arbitration Act should be interpreted in the context of the ICSID Convention, which itself is subject to interpretation pursuant to the VCLT
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Background: Zimbabwe challenges UK registration of ICSID award
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Court allows appeal against decision that waiver exception to sovereign immunity applies
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Plausible case of standing is sufficient to defeat motion to dismiss
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Court sees no risk of double recovery at this stage
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Case law excludes application of forum non conveniens doctrine to enforcement actions against foreign states relating to arbitral awards
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BITs’ choice-of-law clauses do not constitute forum-selection clauses for enforcement actions
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Recognition of ICSID awards falls under exceptions to sovereign immunity under the FSIA
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ICSID award creditors are told to serve Zimbabwe properly to enforce award in the US
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No provisional measures to delete pages from the claimant’s written pleadings
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