No Waive Out: Limiting the Doctrine of State Immunity – NextEra Energy Global Holdings BV v Kingdom of Spain [2026] SGHC 43 [case comment]
Lim Fang-Zhou, Noah
[2026] SAL Prac 15
Abstract:
This case comment analyses the recent decision of the General Division of the High Court in NextEra Energy Global Holdings BV v Kingdom of Spain [2026] SGHC 43, where the court held that state immunity could not be invoked to resist the recognition and enforcement of an International Centre for Settlement of Investments Disputes award in Singapore. In this case comment, the author provides some critical commentary in relation to this case law development, while offering reflections on key takeaways from this case.