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.
Tag: Customary international law
In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz  EWHC 1807 (Ch), the High Court found that the principles of state immunity apply to a head of state who dies in office in the same way as they apply to a head of state who stands down from office during their lifetime. The Court found that both enjoy immunity only in respect of their official acts whilst in office. There was no justification for treating the estate of a head of state who dies in office in a more favourable way than (i) a living former head of state or (ii) the estate of a former head of state who dies some time after leaving office.