AIG Capital Partners Inc. and Another v. Republic of Kazakhstan (National Bank of Kazakhstan Intervening)

Abstract

State immunity — Immunity from execution — Enforcement of arbitration award against foreign State — Bank accounts — Property of central bank — Source of funds and purpose for which those funds intended irrelevant — Whether funds intended for use for commercial purposes — Human rights — Whether restriction on enforcement against assets contrary to the European Convention on Human Rights, Article 6 or Article 1 of the First Protocol — Evidence of foreign State’s Head of Mission

Human rights — Access to courts — State immunity — Whether restriction on enforcement of judgment against assets of a foreign State a restriction on right of access to court — European Convention on Human Rights, Article 6 — Whether engaged — Whether limitation legitimate and proportionate — Right to property — European Convention on Human Rights, First Protocol, Article 1

Economics, trade and finance — Investment protection — ICSID — Enforcement of ICSID award — State immunity — The law of England