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
Citation
CHAN, Darius and LAU, Louis.
The road goes ever on: Diplomatic service in relation to award enforcement proceedings against foreign states. (2022). Civil Justice Quarterly. 41, (3), 219-231.
Available at: https://ink.library.smu.edu.sg/sol_research/3969
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.