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ENGLISH HIGH COURT DISMISSES RUSSIA'S JURISDICTIONAL CHALLENGE ON BASIS OF STATE IMMUNITY IN YUKOS CASE
On 1 November 2023, in Hulley v Russian Federation [2023] EWHC 2704 (Comm), Mrs Justice Cockerill in the English High Court (the Court) dismissed a …
FEDERAL COURT OF AUSTRALIA AFFIRMS JURISDICTION TO ENFORCE ARBITRAL AWARDS AGAINST FOREIGN STATES PARTY TO THE NEW YORK CONVENTION
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 …
HONG KONG TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY FOLLOWING LANDMARK CHANGE IN PRC LAW
Foreign states will no longer be immune from suit or execution in Hong Kong in respect of certain commercial activities and assets, with effect from 1 …
ENGLISH HIGH COURT REJECTS FULL AND FRANK DISCLOSURE CHALLENGE TO EX PARTE ARBITRATION ORDER (GENERAL DYNAMICS V LIBYA)
In the recent decision of General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) the English Commercial Court refused to set …
DEALING WITH SOVEREIGN WEALTH FUNDS: IMMUNITY CONCERNS AND PRACTICAL STEPS TO MITIGATE THEM
MALAYSIAN HIGH COURT GRANTS FIRST ANTI-ARBITRATION INJUNCTION ON THE GROUNDS OF SOVEREIGN IMMUNITY
THE ENGLISH COURT'S APPROACH TO SERVICE OF DOCUMENTS ON A STATE
Contracting with governments: pitfalls, arbitration, sovereign immunity and enforcement
Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial …
English Court rejects Ukraine's attempt to set aside enforcement order on grounds of state immunity
The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce …
Sovereign immunity in the DIFC Court
Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional …
Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split
In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal …
AIPN EA CHAPTER EVENT: NEGOTIATING STATE IMMUNITY ISSUES IN INTERNATIONAL ENERGY CONTRACTS - LAW & PRACTICE
The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications for both private and …
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