Commercial interactions with foreign states are governed by the State Immunity Act 1978 (‘SIA’). This appeal raises questions about how to enforce an arbitral award (the ‘Award’) against a foreign state within this framework, namely whether: 1. the SIA requires service of certain documents to the state concerned through the Foreign and Commonwealth Office (‘FCO’);
2. an arbitration claim form is within the category of documents required by section 12(1) of the SIA to be served on a state through the FCO; and
3. in exceptional circumstances, the court can make use of certain rules of English civil procedure (which govern litigation proceedings) to dispense with such service
Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Burrows, Lord Stephens
[2021] UKSC 22, [2021] WLR(D) 363, [2021] 3 WLR 231
Bailii, WLRD, Bailii Press Summary, Bailii Issues and Facts
England and Wales
Updated: 17 July 2021; Ref: scu.665997