Sovereign Immunity

Sovereign immunity in the DIFC Court

Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. The Court upheld its earlier decision which recognised two LCIA arbitration awards totalling US$2 billion … Continue reading

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Filed under Awards, Challenges to awards, DIFC, Enforcement, Jurisdiction, Middle East, Sovereign Immunity

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading

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Filed under Enforcement, Investment Arbitration, ISDS, Public International Law, Sovereign Immunity, The Americas

AIPN EA CHAPTER EVENT: NEGOTIATING STATE IMMUNITY ISSUES IN INTERNATIONAL ENERGY CONTRACTS – LAW & PRACTICE

The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications for both private and state owned entities entering into international energy contracts. In this panel discussion, the speakers … Continue reading

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Filed under Advice on State Contracts and Disputes, News, Public International Law, Sovereign Immunity

English court declines execution against state-owned property on grounds of immunity

In L R Avionics Technologies Limited v. The Federal Republic of Nigeria, Attorney General of the Federation of Nigeria [2016] EWHC 1761 (Comm), the English High Court has set aside a charging order enforcing an arbitral award and related foreign … Continue reading

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Filed under Awards, Enforcement, Public International Law, Sovereign Immunity

The development of State and Diplomatic Immunity under English law: views and insight

Herbert Smith Freehills Partners Dominic Roughton and Andrew Cannon have given an interview to Lexis Nexis on the development of the English law of state immunity and diplomatic immunity following the English court's decision in Attiya v Jaber Al Thani [2016] EWHC … Continue reading

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Filed under News, Public International Law, Sovereign Immunity

English High Court orders payment of $100m arbitral peremptory order, denying KRG claim to immunity

In its recent judgment of 20 November 2015, the High Court of England and Wales (the "Court") enforced a US$100m peremptory order made in arbitral proceedings against the Kurdistan Regional Government of Iraq. The judgment considers a number of interesting … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration Act 1996, Europe, Middle East, Sovereign Immunity

Video post: State immunity and waiver of immunity issues in English law

Andrew Cannon, Partner in our International Arbitration and Public International Law practices has posted a short video on our Public International Law Notes blog on "State immunity and waiver of immunity issues in English law".  Andrew discusses the restrictive doctrine … Continue reading

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Filed under Jurisdiction, Public International Law, Sovereign Immunity, Video

Herbert Smith Freehills hosts Panel Discussion and Seminar on “The State of State Immunity” in conjunction with the British Branch of the International Law Association

Herbert Smith Freehills, in conjunction with the British Branch of the International Law Association, is hosting a Seminar entitled “The State of State Immunity”. The Seminar will address Recent Developments, the “Commercial Purposes” Exception and provide practical guidance on negotiating … Continue reading

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Filed under Advice on State Contracts and Disputes, Sovereign Immunity

States lose immunity by taking steps in proceedings in the English Courts to challenge an arbitral Tribunal’s jurisdiction

In an appeal in a case considering the interrelation between arbitration and state immunity, on an application by France and Spain (the States), the English Court of Appeal (the Court) refused to reverse the decision of the High Court which … Continue reading

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Filed under Arbitration Act 1996, Sovereign Immunity

English High Court says that a head of state who dies in office enjoys immunity only in respect of official acts

Introduction In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch), the High Court found that the principles of state immunity apply to a head of state who dies in … Continue reading

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Filed under Europe, Public International Law, Sovereign Immunity