When a judge is faced with an application for permission to enforce an award against a state as if it were a judgment the judge will have to decide whether it is likely that the state will claim state immunity. If that is likely then he would probably not give permission to enforce the award but would instead specify (that being the language of CPR part 62.18(2)) that the claim form be served on the state and consider whether it was a proper case for granting permission to serve out of the jurisdiction. He would envisage that there would be an inter partes hearing to consider the question of a state immunity. For that reason any applicant for permission must draw the court’s attention to those matters which would suggest that the state was likely to claim state immunity. Indeed, since the court is required by section 1(2) of the State Immunity Act to give effect to state immunity even though the state does not appear, it is important that the court be informed of the available arguments with regard to state immunity.16
"WHAT TYPE OF IMMUNITY MAY BE AT STAKE IN AN APPLICATION FOR LEAVE TO ENFORCE AN AWARD?"
CPR part 62.18(2)) which sets the procedural requirements relating to the enforcement of awards (to be read in conjunction with the 1978 State Immunity Act when enforcing an award against a State) reads:
Enforcement of awards 62.18 (1) An application for permission under – (a) section 66 of the 1996 Act11; (b) section 101 of the 1996 Act; (c) section 26 of the 1950 Act12; or(d) section 3(1)(a) of the 1975 Act13, to enforce an award in the same manner as a judgment or order may be made without notice in an arbitration claim form. (2) The court may specify parties to the arbitration on whom the arbitration claim form must be served. (3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim under Section I of this Part. (4) With the permission of the court the arbitration claim form may be served out of the jurisdiction irrespective of where the award is, or is treated as, made. […]. (6) An application for permission must be supported by written evidence – (a) exhibiting – (i) where the application is made under section 66 of the 1996 Act or under section 26 of the 1950 Act, the arbitration agreement and the original award (or copies); (ii) where the application is under section 101 of the 1996 Act, the documents required to be produced by section 102 of that Act; or (iii) where the application is under section 3(1)(a) of the 1975 Act, the documents required to be produced by section 4 of that Act; (b) stating the name and the usual or last known place of residence or business of the claimant and of the person against whom it is sought to enforce the award; and (c) stating either – (i) that the award has not been complied with; or (ii) the extent to which it has not been complied with at the date of the application. (7) An order giving permission must – (a) be drawn up by the claimant; and (b) be served on the defendant by – (i) delivering a copy to him personally; or (ii) sending a copy to him at his usual or last known place of residence or business. (8) An order giving permission may be served out of the jurisdiction – (a) without permission; and (b) in accordance with rules 6.40 to 6.46 as if the order were an arbitration claim form. (9) Within 14 days after service of the