Double Waiver of Immunity and Ripple Effects
Journal: ICSID Review - Foreign Investment Law Journal
Year: 2025

Abstract Should a waiver of immunity from jurisdiction entail a waiver of immunity from enforcement of a judgment debt against a State’s assets? The accepted wisdom in many jurisdictions was that there is no ‘double waiver’; in the context of arbitral awards and foreign judgments, a specific and separate waiver of immunity from enforcement measures is required. The International Court of Justice similarly took the view that any waiver of jurisdictional immunity before a foreign court does not in