On 21 October 2026, the United States District Court for the District of New Jersey (the “Court”) denied an application by the Malawi Communications Regulatory Authority (“MACRA”) to confirm arbitral awards against Precisely Software Incorporated (“Precisely”). The Court held that Precisely had not been given proper notice of the arbitration and had established a defence […]
Enforcement of Arbitration Awards
U.S. Court Rules That State-Owned Companies May Seek Enforcement of Arbitral Awards Against Foreign States
On 26 October 2026, the United States District Court for the District of Columbia (the “Court”) issued a memorandum opinion and order (the “Decision”) denying the Russian Federation’s (“Russia”) motion to dismiss proceedings brought by NJSC Naftogaz of Ukraine and other Ukrainian oil and gas companies (the “Companies”) seeking confirmation of an arbitral award exceeding […]
No Easy Exit from an Arbitral Award
Winning an arbitration does not necessarily end a dispute. Where an award debtor refuses to pay and is alleged to have moved assets through foreign corporate structures, the real contest may begin only after the tribunal has rendered its decision. On 7 August 2026, the High Court of Justice, Commercial Court addressed the issue. The […]
French Court of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are at Stake
On 17 June 2026, the First Civil Chamber of the French Cour de cassation (“Court of Cassation”) (English version of decision here) drew an important boundary around enforcement against assets of State-linked entities. The Court accepted the general French-law principle that a creditor of a foreign State may, in certain circumstances, enforce against assets held […]
Blasket v. Spain: Limits on Sovereign Asset Discovery
On 12 June 2026, Judge Beryl A. Howell of the United States District Court for the District of Columbia issued a post-judgment discovery order in Blasket Renewable Investments, LLC v. Kingdom of Spain, a long-running enforcement proceeding arising from an ICSID award against Spain. The decision matters because it confirms both the breadth and the […]
Law 2540/2025: A Significant Expansion of Arbitral Power
Colombia has adopted one of the most ambitious arbitration reforms in recent years. Law 2540/2025 introduces arbitration for enforcement proceedings (arbitraje para procesos ejecutivos), and, in doing so, extends arbitration beyond adjudication into an area traditionally associated with courts. The law’s stated objective is to contribute to the decongestion of the judicial system, but its […]
Devas v. Antrix: Dutch Enforcement and the Limits of Seat-Based Annulment
With the Dutch Supreme Court’s 6 March 2026 dismissal of Antrix’s cassation challenge, attention has once again turned to one of the most closely watched India-linked arbitration disputes in recent years. The dismissal leaves in place the Hague Court of Appeal’s 17 December 2024 judgment in Devas Multimedia America Inc. v. Antrix Corporation Ltd., permitting […]
Import of Sigma Constructores, S.A. v. Republic of Guatemala
The enforcement of arbitral awards against sovereign states in the United States is governed by a carefully structured statutory framework rooted in the New York Convention, and its implementation through Chapter 2 of the Federal Arbitration Act and the Foreign Sovereign Immunities Act of 1976 (FSIA). An arbitral award, although binding, does not automatically carry […]
How Enforcement Works: Turning Arbitral Awards into Real-World Results
As every arbitration practitioner knows, securing a favourable arbitral award is often the culmination of months, or even years, of effort. Parties invest substantial time, money, and energy in arbitration to resolve their disputes. When an arbitral tribunal finally delivers a positive decision, it may feel like the hard work has paid off. Yet, in […]
