State Immunity

English Court of Appeal finds good arguable case that public policy exception applies to the foreign Act of State Doctrine allowing Ukraine to argue duress in claim under Eurobonds

In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of the state of Ukraine (Ukraine), reversing in part the summary judgment granted to … Continue reading

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Filed under Act of State Doctrine, non-justiciability, Public International Law, Russia, State Immunity, UK, Ukraine

State immunity: English court considers service of proceedings on a State in times of political unrest, and questions relating to enforcement of a foreign judgment against a State

In the recent decision of Certain Underwriters At Lloyds London v Syrian Arab Republic & Ors [2018] EWHC 385 (Comms) the English Commercial Court (the Court) considered the difficulties which may be encountered in trying to serve on a State. … Continue reading

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Filed under Advice on State Contracts and Disputes, Enforcement, Privileges and immunities, Sovereign Immunity/State Immunity, State 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

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

The German Federal Supreme Court dismisses claim by bondholders against Greece, denying jurisdiction on grounds of state immunity

The German Federal Supreme Court (Bundesgerichtshof) recently held that creditors cannot bring claims against the Hellenic Republic before the German courts in the context of Greece's debt restructuring in 2012 , finding that Greece enjoys immunity from jurisdiction before the … Continue reading

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Filed under Germany, Sovereign Immunity/State Immunity, State Immunity

Clarifying the scope of state and diplomatic immunity under English law- the case of Attiya v Jaber Al Thani

Herbert Smith Freehills Partners Dominic Roughton and Andrew Cannon have given an interview to Lexis Nexis following the English court's decision in Attiya v Jaber Al Thani [2016] EWHC 212 (QB). During the interview Andrew and Dominic consider how the English … Continue reading

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Filed under Sovereign Immunity/State Immunity, State Immunity

English High Court orders payment of $100m arbitral peremptory order, denying KRG claim to immunity

Summary In its recent judgment of 20 November 2015, the High Court of England and Wales (the "Court") enforced a US$100m peremptory order made in arbitral proceedings against the Kurdistan Regional Government of Iraq. The judgment considers a number of … Continue reading

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Filed under Europe, Middle East, Sovereign Immunity/State Immunity, State Immunity, UK