Tag Archives: English State Immunity Act 1978

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

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

English Court of Appeal confirms that the estate of a head of state who dies in office enjoys immunity only in respect of official acts

In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWCA Civ 481, the English Court of Appeal (the Court) confirmed that the immunity afforded by the UK State Immunity Act 1978 (the … Continue reading

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Filed under ECHR, News, Sovereign Immunity/State Immunity, State Immunity, UK

The need to act strategically to preserve state immunity: States lose immunity by taking steps in proceedings in the English courts to challenge a 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 Europe, Sovereign Immunity/State Immunity, State Immunity

The erosion of state and diplomatic immunity by European law? Two recent English Court of Appeal cases

In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered the claims by employees of the embassies of Sudan and Libya, that … Continue reading

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Filed under ECHR, Europe, International Human Rights, Sovereign Immunity/State Immunity, State Immunity

English High Court provides guidance on waiver of sovereign immunity

In a recent decision in the case High Commissioner for Pakistan In the United Kingdom (“Pakistan“) v National Westminster Bank (the “Bank“), the English High Court considered the scope of sovereign immunity provided by section 1 of the English State … Continue reading

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