Société Ouest Africaine des Bétons Industriels (soabi] and others v. State of Senegal

Abstract

Recognition and enforcement — icsid arbitral award — Award of compensation against State in favour of foreign company — Order granting company recognition and enforcement of award — Whether order constituting measure of execution — Whether icsid Convention constituting autonomous regime for recognition and enforcement excluding application of domestic law remedies — icsid Convention, Articles 53 and 54

State immunity — Appeal by State from order granting foreign company recognition and enforcement of icsid award — Award subject of enforcement proceedings in State — Whether State immune from enforcement proceedings in other State — Whether icsid Convention excluding application of domestic law of State immunity

Parties — To enforcement proceedings — Appeal by State from order granting foreign company recognition and enforcement of icsid arbitral award — Named respondents including liquidator and counsel of company — Counsel not having acted as liquidator or director of company — Whether counsel proper party to appeal — The law of France