Commercial or Consular? State Immunity Frustrates Enforcement of Arbitral Award

By | Latham.London | September 22, 2016

In its recent decision in L R Avionics Technologies Limited v. The Federal Republic of Nigeria & Attorney General of the Federation of Nigeria[1], the Commercial Court found that that premises owned by Nigeria were not “in use […] for commercial purposes” within the meaning of section 13(4) of the State Immunity Act (SIA) and therefore were not capable of being attached in proceedings for the enforcement of an arbitral award and judgment against the State.

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