The road goes ever on: Diplomatic service in relation to award enforcement proceedings against foreign states

• Main Authors: CHAN, Darius, LAU, Louis
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3969; https://ink.library.smu.edu.sg/context/sol_research/article/5927/viewcontent/2022_CJQ_Issue_1_Offprint_Chan.pdf
• Institution: Singapore Management University

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.