Tag Archives: sovereign 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

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 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

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

French Supreme Court decision in Commisimpex dispute heralds significant change in approach to sovereign immunity

In Cour de cassation, Chambre civile 1, 13 May 2015, n° 13-17751, the French Cour de cassation (Supreme Court) considered an appeal from a Versailles Court of Appeal judgment in the long-running dispute between the Republic of the Congo and the … Continue reading

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Filed under France, Sovereign Immunity/State Immunity

Constitutional rights vs. state immunity: implementation of an ICJ decision on sovereign immunity declared unconstitutional

A recent decision by the Italian Constitutional Court calls into question the applicability of generally accepted principles of sovereign immunity to acts where the relevant state action is particularly egregious violating constitutional rights. It may be possible for claimants to … Continue reading

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Filed under ECHR, ICJ, Sovereign Immunity/State Immunity, State Immunity