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23 Aug 2021

No skirting service on sovereign states: General Dynamics v Libya

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The Supreme Court recently handed down judgment in General Dynamics United Kingdom Ltd v Libya, reversing the Court of Appeal's 2019 decision that would have paved the way for a more flexible approach to service on State parties of proceedings to enforce arbitration awards.

The Supreme Court has now decided (albeit in a 3-2 majority decision) that, in the absence of an agreement to the contrary, the procedure for service under section 12 of the State Immunity Act 1978 (the "SIA") must be followed in all cases where proceedings are commenced against a defendant State.

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