English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978

In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had to consider whether to exercise its discretion under section 66 of the English Arbitration Act 1996 (the Act) to permit enforcement of two arbitral awards giving declaratory relief to … Read more

UK Supreme Court clarifies “commercial purposes” exception to state immunity; when enforcing against property, its origin is irrelevant

The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others.  This decision provides guidance on the scope of the “commercial purposes” exception from immunity from execution, and, in particular when it can be said that property is “in use or intended for … Read more