Jurisdiction(s):
United Kingdom

Key definition

Award definition

What does Award mean? In arbitration practice, an award is the arbitral tribunal’s written decision that determines the parties’ claims, defences and the relief granted. Legislation governs its effect and form in England & Wales and Northern Ireland (Arbitration Act 1996), Scotland (Arbitration (Scotland) Act 2010) and Ireland (Arbitration Act 2010 implementing the UNCITRAL Model Law). Key features commonly include: writing, signatures, the date, identification of the seat, and reasons unless the parties agree otherwise. An award is generally final and binding as to the matters decided, subject only to limited statutory challenges (for example, lack of jurisdiction, serious irregularity, and in England...

Recognition and enforcement of ICSID awards in Germany: procedure, competent courts, Achmea/Komstroy implications, ZPO s 1032(2) applications, injunctions, costs and state immunity

Published by a LexisNexis Arbitration expert

Practice notes

In Germany, the framework for recognising and enforcing Awards of the International Centre for Settlement of Investment Disputes is set by Chapter IV, section 6 of the ICSID Convention of 18 March 1965 (articles 53–55), together with the German statute implementing that treaty, the Investitionsstreitbeilegungsgesetz (InvStreitBeilG). The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is inapplicable. Under InvStreitBeilG, article 2(1), an ICSID award may only be enforced after a German court has confirmed its enforceability. So far, there are no reported German court rulings addressing recognition and enforcement of ICSID awards. German law differentiates between the stage of declaring an award enforceable (“Recognition”) and the subsequent stage of carrying out enforcement (“Enforcement”).

Recognition of ICSID awards

Article 54(1) of the ICSID Convention provides that each Contracting State shall recognise an award rendered under the Convention as binding and shall enforce the pecuniary obligations it imposes within its territory as if it were final...

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Dr Annekathrin Schmoll

Gibson Dunn

Annekathrin Schmoll is an associate in the Frankfurt office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation and International Arbitration, Judgment and Arbitral Award Enforcement and Environmental, Social and Governance (ESG) practices. Annekathrin's practice focuses on domestic and cross-border arbitration and litigation. Annekathrin represents German and international clients in commercial, corporate and civil disputes before institutional and ad hoc arbitral tribunals, as well as before German courts. Her expertise includes appraisal and release proceedings, and model declaratory actions. In arbitration, she has extensive experience as counsel and arbitral secretary under various rules (ICC, DIS, CEAC, FAI, UNCITRAL). In addition, she provides comprehensive advice on the recognition and enforcement of arbitral awards and judgments and advises on transactions involving international private and procedural law. Annekathrin is also actively involved in matters related to the energy transition and the...

Web page updated on 21/05/2026

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