Post by Omni Bridgeway

Jeff Newton’s recent Law360 article, “High Court Cert Case Would Test Sovereign Award Immunity,” highlights a significant development for award creditors and cross-border disputes practitioners. He analyses the certiorari petition in Amaplat v. Zimbabwe Mining Development Corp., in which the U.S. Court of Appeals for the District of Columbia Circuit drew a strict analytical distinction between enforcement of arbitral awards and enforcement of foreign judgments confirming those awards under the Foreign Sovereign Immunities Act, rejecting both the arbitration and implied waiver exceptions. The decision departs from the approach of the U.S. Court of Appeals for the Second Circuit and has been characterised as elevating form over substance, with potential to narrow enforcement avenues and may incentivise sovereign debtors to reposition assets beyond reach. With the matter now before the Supreme Court of the United States, the outcome may have significant implications for sovereign award enforcement strategy. Read the full article here: https://lnkd.in/emTs9S8t #InternationalArbitration #SovereignImmunity #DisputeResolution #LegalFinance