The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process

This image showcases a vibrant array of colored optical fiber cables against a blurred background with bokeh effects. The motion and energy depicted make it ideal for illustrating the dynamic nature of legal technology, emphasizing themes of innovation, digital transformation, and the fast-paced evolution of modern legal solutions.This image showcases a vibrant array of colored optical fiber cables against a blurred background with bokeh effects. The motion and energy depicted make it ideal for illustrating the dynamic nature of legal technology, emphasizing themes of innovation, digital transformation, and the fast-paced evolution of modern legal solutions.

The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process

March 15, 2024

United StatesUnited Kingdom
United StatesUnited Kingdom
United StatesUnited Kingdom

New York Law Journal

Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors (and their funders) against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?
 
In this article published by the New York Law Journal, William O'Brien, Katia Finkel, Levon Golendukhin and Romy Descours-Karmitz, with experience on both sides of this debate, look at recent developments in award enforcement actions across the globe and offer practical considerations for award enforcement practitioners as they explore potential legal recourse on awards involving sovereign states and SOEs.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Services

Key contacts

WilliamOBrien@eversheds-sutherland.us

William T. O'Brien

Partner

Washington, DC, United States | New York, United States

katiafinkel@eversheds-sutherland.com

Katia Finkel

Partner

United Kingdom

levongolendukhin@eversheds-sutherland.com

Levon Golendukhin

Counsel

New York, United States

Latest Insights

  • legal updates
  • legal updates
  • guides and reports
  • guides and reports

Latest News

  • firm news
  • firm news
  • firm news
  • client news

Latest Events

Building Image

legal updates

October 08, 2026

skyscrapers

legal updates

October 07, 2026

ma-2026-report-intro

guides and reports

October 07, 2026

ma-report-2026-part1

guides and reports

October 07, 2026

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.