On 24 October 2023, the Federal Court of Australia dismissed India’s application to set aside an investor’s application to recognise and enforce an award against India on the basis of sovereign immunity (CCDM Holdings, LLC v Republic of India (No 3) [2023] FCA 1266). Read more

Foreign states will no longer be immune from suit or execution in Hong Kong in respect of commercial activities, with effect from 1 January 2024. Hong Kong follows the same approach to foreign state immunity as the PRC, as confirmed in the well-known Congo case in 2011.  The PRC has previously adopted the “absolute” doctrine … Read more

In the recent decision of General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) the English Commercial Court refused to set aside an arbitration enforcement order against the State of Libya. Because the case considers issues of state immunity, the article can be found on the HSF Public International Law Notes blog … Read more

Sovereign wealth funds invest across a range of asset classes and engage in capital markets and loan transactions. Their engagement in these activities is consistent with that of any other commercial actor. However, the connection between a sovereign wealth fund and the State by which it has been created raises the question of whether the … Read more

In a recently surfaced judgment, the Malaysian High Court in Government of Malaysia v Nurhima Kiram Fornan & Ors (Originating Summons No. BKI-24NCvC-190/12-2019 (HC2)) for the first time granted an anti-arbitration injunction to restrain foreign arbitration proceedings on the basis of sovereign immunity. Read more

London-based Partner Andrew Cannon and London-based Senior Associate Hannah Ambrose have authored an article for Lexis®PSL, discussing the English court’s approach to the service of documents on a state. The full article is presented here, and can also be accessed via our Public International Law blog. Read more

Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty. Parties should be aware of certain distinctive features of negotiating with a state entity from the start of any commercial relationship. It is particularly important for parties to consider these … Read more

The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine.  Ukraine argued that it was immune from the Court’s jurisdiction by virtue of the State Immunity Act 1978. The Court found that Ukraine had not waived … Read more