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Akin Gump

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International Arbitration: No State Immunity Defence Against Registration of ICSID Awards in English Courts

In a judgment given on Wednesday 4 March 2026, the UK Supreme Court (the Supreme Court) ruled that: article 541 of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) constitutes a clear submission to jurisdiction on the part of states for the purposes of recognising and enforcing ICSID awards; and by agreeing to be bound by article 54(1) of the ICSID Convention, states had waived sovereign immunity and submitted to the jurisdiction of the English courts by agreement within the meaning of section 2(2) of the State Immunity Act 1978 (the SIA 1978).