Abstract

The enforcement of ICSID arbitral awards has long rested on the assumption that treaty-based recognition ensures effective compliance. This article examines whether that assumption remains tenable in light of the UK Supreme Court's decision in The Kingdom of Spain v Infrastructure Services Luxembourg SARL, which held that a State's consent to the ICSID Convention constitutes a clear submission to jurisdiction under Section 2(2) of the UK State Immunity Act 1978, thereby excluding sovereign immunity at the recognition stage of enforcement. Building on this judgment, the article ...