In a significant ruling in the case of UK P&I Club & Anor v Republica Bolivariana de Venezuela [2023] EWCA Civ 1497, the UK Court of Appeal has upheld the principle of state immunity, denying an anti-suit injunction against Venezuela in a commercial dispute. This decision emphasises the UK's adherence to international comity and the delicate balance between upholding domestic policy (in this case, allowing states immunity against the grant of injunctions) and the rights enshrined in Article 6 of the European Convention on Human Rights regarding access to justice. The judgment has significant implications for the scope of state immunity in commercial transactions and the strategy to be adopted by parties faced with states who breach arbitration agreements. Partner Hannah Ambrose, Professional Support Consultant Vanessa Naish and Professional Support Lawyer Liz Kantor consider the decision in a post on our Public International Law Notes blog here.
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