Arbitration Notes

Inside Arbitration Issue 17: Perspectives on cross-border disputes

We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice. In this issue, we delve into …

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 …

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 …

DEALING WITH SOVEREIGN WEALTH FUNDS: IMMUNITY CONCERNS AND PRACTICAL STEPS TO MITIGATE THEM

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 …

Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside …

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 …

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 …

The development of State and Diplomatic Immunity under English law: views and insight

Herbert Smith Freehills Partners Dominic Roughton and Andrew Cannon have given an interview to Lexis Nexis on the development of the English law of …

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

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 …