Although Malaysia has been named as a respondent in four investment treaty claims, no ICSID Awards have so far been enforced against the Government of Malaysia, bearing in mind that Malaysia has no history of expropriation or nationalisation. Notwithstanding the fact that the High Court in von Pezold recognised an ICSID Award rendered against a foreign government, the decision raises the question of how an Award creditor would go about enforcement proceedings against the Government of Malaysia if an ICSID Award were to be rendered against it.

In this article, we explore the first ever decision involving the enforcement of an ICSID award in Malaysia: Elizabeth Regina Maria Gabrielle von Pezold and others v Republic of Zimbabwe.