Immunity

UK Government Publishes Technical Notes, including relating to “Privileges and Immunities”

On 28 August, in advance of the next round of EU-UK talks, the UK Government published three Technical Notes, one of which “provides further information to support the UK’s position published on 13 July in the UK’s position paper on … Continue reading

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Filed under Brexit, EU, EU Law, Europe, Immunity, Privileges and immunities, Sovereign Immunity/State Immunity, State Immunity

A law on immunity from enforcement in France

The 'Law on Transparency, Anti-corruption Measures and the Modernisation of the Economy' presented by Michel Sapin, Minister for the Economy and Finance, to the Council of Ministers on 30 March 2016, known as the « Sapin II » law, has … Continue reading

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Filed under France, Immunity, Sovereign Immunity/State 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 Immunity, News, Sovereign Immunity/State Immunity, State Immunity

High Court rules that the principle of non-justiciability, unlike state immunity, cannot be waived

In a recent judgment of 21 June 2016 on a number of summary judgment applications in the case of High Commissioner for Pakistan in the United Kingdom ("Pakistan") v National Westminster Bank (the "Bank"), the English High Court considered the … Continue reading

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Filed under Act of State Doctrine, Immunity, non-justiciability, State Immunity, UK

Immunity: US Court of Appeals reverses lower court decision that had denied enforcement of foreign arbitral award

In a recent decision handed down on 31 May 2016, the majority in a United States Court of Appeals sitting in Washington DC reversed a decision by the US District Court that had denied enforcement of an arbitral award against … Continue reading

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Filed under Award, Immunity, Sovereign Immunity/State Immunity, State Immunity, The Americas

Court of Appeal decision clarifies the proper scope of the rules governing diplomatic immunity

The recent Court of Appeal decision of W (Appellant) v H (Respondent) [2016] EWCA Civ 176 has clarified the scope of diplomatic immunity under English law. The Court of Appeal overturned a first instance decision that a husband (H) could … Continue reading

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Filed under Immunity