In today's judgment, Lord Lloyd-Jones and Lady Simler, with whom Lord Briggs, Lord Sales and Lord Leggatt agreed, said: ‘Once there is a binding award, recognised and to be enforced like a final judgment, adjudication has already taken place and the scope for reliance on immunity from adjudicative jurisdiction has passed.’
In depth: Arbitration Act - new rules put UK ahead
The Supreme Court noted the obligations under the ICSID Convention to ‘recognise and enforce consented to by the contracting states’ was ‘inconsistent with the maintenance of immunity’.