Enforcement of judgments and arbitral awards against sovereign States in Spain

Héctor Sbert, partner in the Litigation practice of ECIJA Barcelona has recently published an article in the European Investment Law and Arbitration Review, published by Wolters Kluwer.

In this work, the author analyses the challenges posed by the enforcement of judgments and arbitral awards against sovereign States in Spain, with special attention to the role of public companies (SOEs). The article addresses the interaction between sovereign immunity and the separate legal personality of these entities, proposing criteria inspired by the doctrine of piercing the veil to overcome the practical difficulties faced by creditors.

The study also incorporates a comparative perspective -including references to the United States, France and the United Kingdom- and examines the evolution of Spanish jurisprudence in this area. As its main contribution, it proposes a test structured in four elements that contributes to reinforcing legal certainty without undermining effective judicial protection.

Access the link to the publication.