Veena Srirangam has published a case note in the Law Quarterly Review, commenting on the Court of Appeal’s decision in General Dynamics v Libya [2025] EWCA Civ 134.
In this short but significant judgment, the Court of Appeal held that the inclusion of the words “wholly enforceable” in an arbitration clause was sufficient to waive the enforcement immunity enjoyed by the State of Libya over its assets. The decision raises important questions as to when a state will be treated as having waived enforcement immunity, and whether an agreement to abide by rules of arbitration (such as the ICC rules) can constitute such a waiver.
The article is available through Westlaw here.