Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

State immunity in international arbitration: principles, SOEs, applicable law, waivers, service, and enforcement/execution strategies

Published by a LexisNexis Arbitration expert

Practice notes

This PrACTice Note considers the role of state immunity in relation to Arbitration proceedings in general terms.

For fuller and more detailed guidance on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 (SIA 1978), consult Practice Note: State immunity in proceedings relating to arbitration (England & Wales). In addition, for additional Practice Notes covering state immunity across a range of jurisdictions around the world (including China, Russia and Singapore), refer to the ‘State immunity’ subtopic: State immunity and arbitration—overview.

In the modern global economy, commercial actors regularly deal with states and entities owned or controlled by states when pursuing overseas investment prospects or entering into cross-border agreements. As with dealings exclusively between private parties, participants in such international arrangements are increasingly selecting international arbitration to resolve prospective disputes rather than pursuing court litigation.

This trend is probably due to advantages that international arbitration has over transnational court proceedings, including:

neutrality—matters are determined by an impartial arbitral tribunal chosen by the parties or the relevant arbitral institution.

...

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Marco De Sousa

Herbert Smith Freehills Kramer

Marco acts as counsel and advocate in commercial and investment treaty arbitrations in a broad range of industry sectors and jurisdictions. He has particular experience of disputes in the Energy and TMT sectors in Europe, the Middle East, Asia and Africa. Marco has acted in commercial arbitrations under most major institutional rules and ad hoc arbitrations under the UNCITRAL rules. He advises both investors and states in investment treaty claims, and on issues of Public International Law and Business and Human Rights. Marco has considerable experience of acting on arbitration-related court proceedings in England & Wales, Singapore and Hong Kong. AccoladesMarco is listed as a "key lawyer" in international arbitration and public international law in Legal 500 UK 2021 & 2022. Recognised by Chambers & Partners (UK-wide) as a "notable practitioner": "Marco is technical and has good judgement. He is also very dedicated to his work."; "He has...

Vanessa Naish

Herbert Smith Freehills Kramer

Vanessa is the Arbitration Practice Manager and a Professional Support Consultant at Herbert Smith Freehills LLP, working with clients and colleagues globally on complex issues relating to arbitration, dispute resolution and the enforcement of arbitral awards and judgments. She also advises on public international law, in particular on state immunity, investment protection and investor-state dispute settlement. Vanessa is an editor of the firm’s arbitration and PIL blogs and an author and editor of various other internal and external publications. Vanessa also supports the management of Herbert Smith Freehills’ global arbitration practice in business planning and strategy development. Vanessa's particular areas of interest include alternative fee arrangements, difficult legal issues arising out of the complex interactions of multiple laws and arbitral procedure....

Charlie Morgan

Herbert Smith Freehills Kramer

Charlie is a senior dispute resolution lawyer specialising in international arbitration. He helps clients effectively and efficiently to resolve complex international disputes across a broad range of jurisdictions.Charlie is a senior dispute resolution lawyer with a focus on international arbitration. He also co-founded the firm's Digital Law Group.Charlie has acted as counsel and advocate in ad hoc and institutional arbitrations in a number of jurisdictions and under various governing laws. He has broad experience of advising on international disputes, particularly in the energy and technology sectors....

Lucila Marchini

Herbert Smith Freehills Kramer

Lucila is a Senior Associate with a focus on international arbitration and public international law. She has extensive experience representing clients in complex commercial and investor-state disputes across sectors such as energy, mining, and construction. Her practice spans multiple jurisdictions and includes proceedings under ICSID, UNCITRAL, ICC, and LCIA rules. Lucila also advises multinational companies with investments in Latin America on matters involving investment protection, public international law, local arbitration and litigation strategy, and enforcement actions. She also maintains an active pro bono practice, most recently advising an NGO on human rights issues related to health and reproductive rights in Central America. In addition to her counsel work, Lucila regularly speaks at conferences, teaches on arbitration topics, and contributes to legal...

Web page updated on 22/05/2026

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