header-logo header-logo

Award enforcement: No substitutions allowed

12 December 2025 / Harriet Campbell , Kamran Rehman
Issue: 8143 / Categories: Features , Arbitration , Commercial , ADR , International
printer mail-detail
238290
Can the enforcement of arbitral awards be assigned to a third party? Kamran Rehman & Harriet Campbell report
  • Assignment of substantial awards, particularly in investor-state disputes, is increasingly common and there is a growing secondary market in funding enforcement actions.
  • In Operafund Eco-Invest SICAV plc & Anor v Spain, however, the Commercial Court held that ICSID awards are not capable of assignment.

Getting an arbitral award in your favour—especially against a sovereign state—is an immense achievement. It is, however, often only half the battle and far from winning the war.

Enforcing arbitral awards can take up significant time and expense. For that reason, assigning the award to a third party to pursue, for say a lump sum or percentage of recoveries, may seem a sensible strategy. Unfortunately for parties contemplating this course, the English Commercial Court ruled last month in Operafund Eco-Invest SICAV plc and another company v The Kingdom of Spain [2025] EWHC 2874 (Comm) that awards made pursuant to the International Centre for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll