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

The German Federal Supreme Court dismisses claim by bondholders against Greece, denying jurisdiction on grounds of state immunity

The German Federal Supreme Court (Bundesgerichtshof) recently held that creditors cannot bring claims against the Hellenic Republic before the German courts in the context of Greece's debt restructuring in 2012 , finding that Greece enjoys immunity from jurisdiction before the … Continue reading

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Filed under Germany, Sovereign Immunity/State Immunity, State Immunity

Clarifying the scope of state and diplomatic immunity under English law- the case of Attiya v Jaber Al Thani

Herbert Smith Freehills Partners Dominic Roughton and Andrew Cannon have given an interview to Lexis Nexis following the English court's decision in Attiya v Jaber Al Thani [2016] EWHC 212 (QB). During the interview Andrew and Dominic consider how the English … Continue reading

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Filed under Sovereign Immunity/State Immunity, State Immunity

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

Summary 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 … Continue reading

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Filed under Europe, Middle East, Sovereign Immunity/State Immunity, State Immunity, UK

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

In this short video in our Observations series, Andrew Cannon, Partner in our International Arbitration and Public International Law practices, considers state immunity issues. Andrew discusses the restrictive doctrine of immunity enshrined in the State Immunity Act 1978 and describes the steps … Continue reading

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Filed under Sovereign Immunity/State Immunity, State Contracts, Stabilization Clauses and Disputes, State Immunity, Video

The US Second Circuit Shields Sovereign Immunity in Favour of Argentina’s Central Bank

On August 31, 2015, the U.S. Court of Appeals for the Second Circuit ruled in favour of Argentina’s Central Bank in one of the many proceedings initiated by Argentina’s unpaid bondholders.[1] The decision in EM Ltd. and NML Capital Ltd … Continue reading

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Filed under Argentina, Enforcement, State Immunity, US

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, News, Sovereign Immunity/State Immunity, State Immunity

US Supreme Court to address “agency” in commercial activity exception to sovereign immunity under the Foreign Sovereign Immunities Act

The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq. (“FSIA”) provides for limited statutory exceptions to the sovereign immunity of foreign states and their instrumentalities. Under § 1605(a)(2) of the FSIA, a foreign state is not immune from … Continue reading

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Filed under Advice on State Contracts and Disputes, Sovereign Immunity/State Immunity, State Immunity, US