Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2022

Abstract

The seemingly straightforward question of what and how a foreign state should be served when an award creditor seeks to enforce an arbitral award against the state has provoked differing views. On one hand, comity requires foreign states to be given notice of proceedings by a formal and predictable method through diplomatic processes. On the other hand, the potential for abuse by states, and practical difficulties of effecting diplomatic service, may exist in certain circumstances. This issue is of practical importance given the rise in cross-border investment with the Belt & Road Initiative and international investment instruments. This case note analyses the balance struck by the United Kingdom Supreme Court on this issue in General Dynamics United Kingdom Ltd v State of Libya, comparing it with the approach of the Singaporean courts.

Discipline

Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Civil Justice Quarterly

Volume

41

Issue

3

First Page

219

Last Page

231

ISSN

0261-9261

Publisher

Sweet and Maxwell

Share

COinS