International Commercial Arbitration and Sovereign Immunity: Lithuania survives to Fight Again
Article from: OGEL 1 (2005), in International Oil, Gas & Energy Dispute Management
Summary
Lithuania lost a jurisdictional challenge, to the effect that it was not party to the arbitration agreement, before a Danish-seated ICC Tribunal. It neither challenged that award in Denmark (pursuant to s.7 Arbitration Act) nor challenged the Final Award against it (some $12.7m); however, on the winning Claimant's seeking enforcement in the English Court. Lithuania survived, at least to a further battle, in this war.
Catching eels is very difficult since every time you think you have caught one, it slips out of your hands - so it is with enforcing against States!