Hong Kong Court of Final Appeal clarifies law of sovereign immunity in Hong Kong, with important implications for contracts with State entities

In its provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates the Hong Kong Court of Final Appeal (CFA) found that absolute sovereign immunity applies in Hong Kong, with no exception for purely commercial transactions or assets (as would be the case in a jurisdiction that favours the restrictive doctrine of sovereign … Read more

Court of Final Appeal to clarify state immunity law in Hong Kong

The Democratic Republic of Congo (DRC) was last month granted leave to appeal the Hong Kong Court of Appeal decision on state immunity law, FG Hemisphere Associates LLC v Democratic Republic of the Congo and others (CACV 373/2008 & CACV 43/2009). Earlier this year, a majority of the Court of Appeal refused the DRC’s appeal … Read more