Société Ouest Africaine des Bétons Industriels (SOABI) and Others v. State of Senegal

Abstract

State immunity — Immunity from execution — State party to agreement containing ICSID arbitration clause — ICSID award in favour of private company — Award subject of enforcement proceedings in forum State — Whether foreign State immune from enforcement proceedings — ICSID Convention, 1965, Articles 53 and 54 — Whether excluding application of rules of municipal law on State immunity

Arbitration — Award — Recognition and enforcement — ICSID arbitral award — Award of compensation against State in favour of foreign company — Order granting recognition and enforcement of award — Whether order constituting measure of execution — Whether ICSID Convention constituting autonomous regime for recognition and enforcement excluding application of domestic law remedies — ICSID Convention, Articles 53 and 54

Arbitration — Parties — Enforcement proceedings — Appeal by State from order granting foreign company recognition and enforcement of ICSID arbitral award — Named respondents including liquidator and counsel of company — Counsel not having acted as liquidator or director of company — Whether counsel proper party to appeal — The law of France