Join Liz Kantor, Vanessa Naish, and guest, Andrew Cannon, for a discussion of the relationship between arbitration and state immunity in General Dynamics v Libya [2025] EWCA Civ 134. In that decision, the court rejected an appeal from Libya on the issue of whether the phrasing of "final, binding and wholly enforceable" amounted to written consent that meant Libya had waived immunity from not just adjudicative immunity - which was not contested - but also enforcement against the state's assets under section 13(3) of the State Immunity Act.
Liz, Vanessa and Andrew explore how the addition of a single adverb in an arbitration clause could waive a state's immunity from execution, as well as the different approaches taken by each Court of Appeal judge. They also share their perspectives on the implications of this case for the enforcement of arbitral awards against states and touch on the importance of precise drafting in arbitration agreements.
The podcast is available for listening on all the usual platforms including Soundcloud, iTunes, Spotify, and the series webpage.
Key contacts
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
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