State immunity and the execution of investment treaty arbitral awards against state assets
Sana Mahmud examines a recent BVI Commercial Court case which interpreted a state's BIT-based commitment to enforce arbitral awards.
Sana Mahmud
Senior Associate
Sana acts for domestic and international clients across a wide range of industry sectors, including renewable energy, transport, process plants and other civil infrastructure works.
Specialist expertise
Examples of Sana’s expertise include:
- acting for an international contractor in arbitration proceedings under the ICC rules in relation to claims arising out of the construction of a hydropower project in Africa;
- acting for an international joint venture in arbitration proceedings under the ICC rules in relation to claims arising out of the design and construction of a major metro project in the Middle East;
- acting for a Chinese contractor in arbitration proceedings under the ICC rules in relation to claims worth US$2.4 billion arising out of the construction of a major infrastructure project in the Middle East;
- acting for an international contractor in arbitration proceedings under the LCIA rules in relation to contractual disputes arising out of the construction of a wastewater treatment plant and deep gravity sewer in the Middle East;
- acting for an international contractor in arbitration proceedings under the LCIA and ICC rules in relation to contractual disputes arising out of the design and construction of a number of UK offshore wind farms;
- acting for a state-owned entity in arbitration proceedings under the ICC rules in relation to claims in excess of US$200 million made under a long-term operating agreement against a consortium of oil companies in connection with a major oil pipeline in the Caspian region;
- acting for an international contractor in Dispute Adjudication Board proceedings against a state government in relation to payment disputes arising under a FIDIC contract for the construction of a dam in Africa;
- acting for a Chinese contractor in relation to disputes arising out of the contraction of a railway project in South Asia;
- acting for an international joint venture in relation to disputes arising out of the construction of a national highway in Afghanistan;
- acting for an international EPC contractor in TCC proceedings against a Middle Eastern state-owned corporation in a high-value dispute arising out of the termination of a bespoke EPC contract relating to a LDPE plant in the UK;
- acting for a domestic contractor in TCC proceedings in relation to disputes arising out of the construction of a mixed use development in the UK; and
- assisting in the negotiation and drafting of long-term oil and gas exploration and production sharing agreements on behalf of a North African state-owned entity.
Other activities
Memberships/positions
Sana’s memberships/positions include:
- member of the Society of Construction Law; and
- member of ICC YAAF.