Enforcement of arbitration awards: state immunity

The State Immunity Act 1978 confers immunity from the English courts upon a sovereign state. The most important exception is contained in section 9, which removes immunity where the issue relates to proceedings relating to an arbitration agreement. There is additional immunity under section 13 in respect of state property unless it is being used for “commercial purposes”. L R Avionics Technologies Ltd v The Federal Republic of Nigeria and Another [2016] EWHC 1761 (Comm), a decision of Males J, raised questions as to the proper interpretation of each of these provisions.

L R Avionics : the facts