Arbitration Law Monthly

Kingdom of Spain v Infrastructure Services Luxembourg Sarl and Another; Republic of Zimbabwe v Border Timbers Ltd and Another [2026] UKSC 9; [2026] 1 Lloyd's Rep 319 was an appeal from the decision of the Court of Appeal [2025] 1 Lloyd's Rep 66, itself a combined appeal against first instance decisions of Fraser J ([2023] 2 Lloyd's Rep 299) and Dias J ([2024] 1 Lloyd's Rep 427) respectively. The cases both raised the question of the relationship between the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965 (ICSID) and sovereign immunity under the State Immunity Act 1978.

In JP Morgan Securities plc and Others v VTB Bank PJSC [2025] EWHC 1368 (Comm); [2025] 2 Lloyd's Rep 15 the claimants sought anti-suit injunctions against the defendant from pursuing proceedings against contracting parties and their affiliates in Russia. Foxton J considered in detail the authorities on the questions whether: (a) there was a contractual basis for granting relief; and (b) if not, whether the proceedings were vexatious and oppressive. Foxton J rejected the application on ground (a) but granted it on ground (b).

In Mare Nova Inc v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm); [2025] 1 Lloyd's Rep 245, HHJ Keyser KC overturned an arbitration award for serious irregularity under section 68(2)(a) of the Arbitration Act 1996. The arbitrator had decided the case on a point not argued in the arbitration. The case is of particular interest because the defendant did not appear, and the arbitrator appears to have given effect to a defence not put forward and also not referred to until the award was published.

The main argument before Trower J in Seacrest Group Ltd v BCPR Pte Ltd and Another [2025] EWHC 3266 (Comm); [2026] Lloyd's Rep Plus 6 was that the tribunal had disregarded arguments raised by the applicant for the first time in the closing written submissions. Trower J held that there was no serious irregularity in circumstances where the parties had been informed that new arguments were not to be raised in the closing written submissions.