Arbitration Notes

Issue estoppel, state immunity and the role of national courts: Hulley Enterprises v Russia

Appellate Australian court finds no jurisdiction to enforce investor-state award under the New York Convention

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 …