Jurisdiction(s):
United Kingdom

US DC Circuit confirms FSIA arbitration exception, allowing enforcement of US$440m ICSID awards against Zimbabwe over land reform expropriations

Published on: 18 November 2024

Published by a Law360 reporter

Legal News

Article summary

A panel of the appellate court ruled that the DC district court correctly refused the African nation’s motions to dismiss the petitions, holding that the Republic of Zimbabwe had waived sovereign immunity under the Foreign Sovereign Immunities Act’s arbitration exception and its implicit waiver exception. The judges observed that the Swiss‑German von Pezold family, together with forestry firms Border Timbers Ltd. and Hangani Development Co (Private) Ltd, satisfied the arbitration exception by demonstrating an arbitration agreement, arbitral awards, and a treaty for enforcing them in the extensive land dispute in what is now the Republic of Zimbabwe.

The panel stated that these undisputed elements are fulfilled:

the German bilateral agreement and the Swiss bilateral agreement operate as the arbitration agreements;
an International Centre for Settlement of Investment Disputes tribunal issued valid arbitration awards; and
the ICSID Convention is the treaty governing those awards.

As to whether Zimbabwe also relinquished immunity under the implicit waiver exception, the panel declined to reach that issue because it concluded that the FSIA’s arbitration exception is satisfied...

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