Immunity

UK Supreme Court confirms the limited scope of state and diplomatic immunity from employment claims: Benkharbouche and Reyes

In two judgments handed down on 18 October 2017, the Supreme Court (the “Court”) has allowed certain employment claims made by foreign nationals employed as domestic workers at the embassies of foreign states and a diplomat’s residence to proceed despite … Continue reading

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Filed under Business & Human Rights, EU, EU Law, Immunity, International Human Rights, Sovereign Immunity/State Immunity, State Immunity, UK

UK Government Publishes Technical Notes, including relating to “Privileges and Immunities”

On 28 August, in advance of the next round of EU-UK talks, the UK Government published three Technical Notes, one of which “provides further information to support the UK’s position published on 13 July in the UK’s position paper on … Continue reading

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Filed under Brexit, EU, EU Law, Europe, Immunity, Privileges and immunities, Sovereign Immunity/State Immunity, State Immunity

A law on immunity from enforcement in France

The 'Law on Transparency, Anti-corruption Measures and the Modernisation of the Economy' presented by Michel Sapin, Minister for the Economy and Finance, to the Council of Ministers on 30 March 2016, known as the « Sapin II » law, has … Continue reading

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Filed under France, Immunity, Sovereign Immunity/State Immunity

English court declines execution against state-owned property on grounds of immunity

In L R Avionics Technologies Limited v. The Federal Republic of Nigeria, Attorney General of the Federation of Nigeria [2016] EWHC 1761 (Comm), the English High Court has set aside a charging order enforcing an arbitral award and related foreign … Continue reading

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Filed under Immunity, News, Sovereign Immunity/State Immunity, State Immunity

High Court rules that the principle of non-justiciability, unlike state immunity, cannot be waived

In a recent judgment of 21 June 2016 on a number of summary judgment applications in the case of High Commissioner for Pakistan in the United Kingdom ("Pakistan") v National Westminster Bank (the "Bank"), the English High Court considered the … Continue reading

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Filed under Act of State Doctrine, Immunity, non-justiciability, State Immunity, UK

Immunity: US Court of Appeals reverses lower court decision that had denied enforcement of foreign arbitral award

In a recent decision handed down on 31 May 2016, the majority in a United States Court of Appeals sitting in Washington DC reversed a decision by the US District Court that had denied enforcement of an arbitral award against … Continue reading

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Filed under Award, Immunity, Sovereign Immunity/State Immunity, State Immunity, The Americas

Court of Appeal decision clarifies the proper scope of the rules governing diplomatic immunity

The recent Court of Appeal decision of W (Appellant) v H (Respondent) [2016] EWCA Civ 176 has clarified the scope of diplomatic immunity under English law. The Court of Appeal overturned a first instance decision that a husband (H) could … Continue reading

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Filed under Immunity