Abstract
When international commercial arbitration is used between private parties and sovereign-related entities, the doctrine of sovereign immunity provides an additional barrier to enforcing any resulting arbitral award. This article focuses on three recent decisions (from the Swedish Supreme Court, the Singapore Court of Appeal and the Privy Council of the United Kingdom) regarding the enforcement of arbitral awards against, respectively, Russia, the Maldives and a state-owned entity of the Democratic Republic of the Congo. These cases demonstrate a shift towards the restrictive approach to sovereign immunity and, consequentially, the rising utility of international commercial arbitration.
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