In her latest arbitration analysis for LexisNexis, Jennifer Haywood writes: 'Foreign judgments, the State Immunity Act 1978 and issue estoppel (Hulley & Others v The Russian Federation)'

The English Court of Appeal held that a finding by the courts of the Netherlands that Russia had agreed in writing to submit the dispute to arbitration had created an issue estoppel. The fact that Russia had agreed in writing to submit the dispute to arbitration was established by the foreign judgment and it followed that the exception in section 9 of the State Immunity Act 1978 applied.

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