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)  FCA 1266).
Tag: Sovereign immunity
Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. The Court upheld its earlier decision which recognised two LCIA arbitration awards totalling US$2 billion issued against the Kurdistan Regional Government of Iraq (the “KRG”) and dismissed KRG’s arguments (1) that the enforcement proceedings should be set aside on the ground that the Court did not have jurisdiction to make such orders against it, and (2) that the DIFC Court should not decide issues of immunity and its waiver. Continue reading
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 immunity issues.
|Tuesday 29 September 2015
|6pm to 7pm, followed by drinks (Registration from 5:45pm)
|Exchange House, Primrose Street, London, EC2A 2EG
Please click here to view map
Adam Johnson, Partner, Herbert Smith Freehills (Chair)
Chanaka Wickremasinghe, Legal Counsellor, UK Foreign & Commonwealth Office
Michael Stock, Senior Group Legal Counsel, Dispute Resolution, Standard Chartered Bank
Andrew Cannon, Partner, Herbert Smith Freehills
The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications in the context of contracts between states and commercial parties.
In this panel discussion, the speakers will consider recent developments on state immunity in the English courts, as well as the exceptions to the immunity of states granted by the State Immunity Act 1978. They will consider how effective waivers of immunity can be negotiated, and how immunity may apply to state-owned entities and other bodies. The speakers will draw on their considerable experience from the public and private sectors to offer practical guidance and insights into this significant area of law.
The event will be held under the Chatham House Rule.
Places are limited. To register your interest in this event, or for further information, please contact Paul McKeating.