Tag Archives: UK State Immunity Act 1978

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

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 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

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, Sovereign Immunity/State 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, Sovereign Immunity/State Immunity