Sovereign Immunity

ECHR reaffirms State immunity from civil proceedings for acts of torture in Jones v United Kingdom

In the recent case of Jones and others v United Kingdom, the European Court of Human Rights (the Court) found that the United Kingdom had not breached Article 6 of the European Convention on Human Rights (the right of access … Continue reading

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Filed under Europe, International Human Rights, Public International Law, Sovereign Immunity

English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978

In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had to consider whether to exercise its discretion under section 66 of the English Arbitration … Continue reading

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Filed under Arbitrability, Awards, Enforcement, EU Law, Europe, Sovereign Immunity

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two decisions of the Delhi High Court – one which presents a novel interpretation of the Indian Arbitration Act while expanding the scope for court intervention … Continue reading

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Filed under Arbitration laws, Asia, India, Investment Arbitration, Sovereign Immunity

UK Court of Appeal considers the immunity from suit of the family of a head of state

The Court of Appeal has examined the extent to which foreign heads of state and their families can claim immunity under the State Immunity Act 1978 (the SIA) when acting in their personal capacity. The Court of Appeal has confirmed … Continue reading

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Filed under Europe, Public International Law, Sovereign Immunity

Singapore Court of Appeal sets aside injunction against Maldivian state-owned company in airport dispute

The Singapore Court of Appeal has set aside an interim injunction granted by the High Court against a Maldivian state-owned corporation (“MACL“), by which MACL had been restrained from interfering with the operation of the Maldives airport by the relevant … Continue reading

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Filed under Asia, India, South East Asia, Sovereign Immunity

NML Capital and Argentina: Ghanaian court rejects Argentina’s sovereign immunity challenge and NML Capital targets second vessel in South Africa

On 25 October, News agencies reported that a second Argentine navy vessel has been targeted by NML Capital, this time in South Africa. This followed the news on 11 October 2012, that the Ghanaian Commercial Court in Accra rejected a … Continue reading

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

UK Supreme Court clarifies “commercial purposes” exception to state immunity; when enforcing against property, its origin is irrelevant

The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others.  This decision provides guidance on the scope of the “commercial purposes” exception from immunity from execution, and, … Continue reading

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Filed under Enforcement, Europe, Europe, Sovereign Immunity

Enforcing awards against States and State-owned entities

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

Privy Council rules on the liability of State-owned corporations for debts of the State

On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des Mines (“Gécamines“), a mining company owned by the Democratic Republic of Congo (“DRC“). The … Continue reading

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Filed under Advice on State Contracts and Disputes, Asia, Enforcement, Europe, Hong Kong & China, Public International Law, Sovereign Immunity

The ICJ firmly upholds principles of sovereign immunity in its recent judgment in the case of Germany v Italy

On 3 February 2012, the International Court of Justice (ICJ) gave judgment in favour of Germany in respect of proceedings against Italy alleging violations of sovereign immunity.  Sovereign immunity is one of the fundamental principles of international law, providing that … Continue reading

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