Arbitration Law Monthly

In CC/Devas (Mauritius) Ltd and Others v Republic of India [2026] EWCA Civ 797; [2026] 2 Lloyd's Rep 167, the Court of Appeal has affirmed the first instance judgment of Sir William Blair [2025] 1 Lloyd's Rep 499, holding that a state's accession to the New York Convention 1958 - which provides for the recognition and enforcement of arbitral awards made in any other Convention state - does not amount to an agreement in writing to waive sovereign immunity under the State Immunity Act 1978. Separate judgments were given by Phillips LJ, with whom Lewison and Newey LJJ agreed.

By section 41(5) of the Arbitration Act 1996 an arbitral tribunal may make a peremptory order requiring a party to comply with its directions. Section 42 of the 1996 Act allows the court, on an application by a party with the consent of the tribunal, to make an order requiring the other party to comply with the tribunal's order. The question whether these provisions were appliable to anti-suit relief was discussed by Butcher J in Tecnimont SPA v LLC Eurochem North-West-2 [2025] EWHC 3151 (Comm); [2026] 1 Lloyd's Rep 55. His judgment was upheld by the Court of Appeal, [2026] EWCA Civ 5; [2026] 1 Lloyd's Rep 65.

In Operafund Eco-Invest Sicav plc and Another v Kingdom of Spain [2025] EWHC 2874 (Comm); [2025] 2 Lloyd's Rep 614 HHJ Pelling KC discussed the question whether an ICSID Award was assignable. In holding that it was not assignable the court refused to follow contrary Australian authority.

In Allseeds Switzerland SA v Intergrain SA [2025] EWHC 2788 (Comm); [2025] 2 Lloyd's Rep 545 Butcher J reaffirmed the principle that where permission has been given for an award to be appealed for error of law, any question related to the satisfaction of criteria regarding the grant of permission to appeal should be reopened on appeal only in highly unusual circumstances.