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Malaysia’s first recognition of an ICSID award: High Court recognises award against Zimbabwe: sovereign immunity no defence; procedural gaps overcome; service out permitted; no need to identify assets.

Published on: 10 May 2024

Published by a LexisNexis Arbitration expert
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Elisabeth Regina Maria Gabriele von Pezold v Republic of Zimbabwe [2023] MLJU 2657 What are the practical implications of this case?

Although Malaysia has appeared as respondent in three ICSID arbitrations so far, no party had previously sought recognition of an award under the ICSID Convention before this ruling. That fact, by itself, renders the Malaysian High Court’s decision noteworthy and consequential. The court emphasised that the lack of a specific procedural regime for enforcing ICSID awards in Malaysia is immaterial—the courts may fashion suitable procedures where required, adapting or modifying existing processes to bridge any procedural gaps. In addition, where a party asks only for recognition of an arbitral award, there is no obligation to identify assets, trace property, or point to executable targets. Taken together, these clarifications underline the decision’s practical significance nationally...

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