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The discussion examined how mediation can complement arbitration, overcome barriers to settlement and facilitate earlier resolution of investment disputes while balancing investor protection, State sovereignty and public policy considerations.
The present appeal concerned the interplay between the enforcement obligations under the New York Convention and the doctrine of sovereign immunity. The Court of Appeal examined whether a Contracting State, by ratifying the Convention, submits to the jurisdiction of English courts in enforcement proceedings and held that Article III preserves, rather than waives, State immunity.
A sanctions designation in Washington can simultaneously trigger a force majeure notice in Singapore, a MAC dispute in London and a valuation fight in a treaty arbitration. Five practitioners at LIDW 2026 examined each front, and found the same issue at the centre of every one: causation.