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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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Video post: State immunity and waiver of immunity issues in English law
In this short video in our Observations series, Andrew Cannon, Partner in our International Arbitration and Public International Law practices, considers …
The US Second Circuit Shields Sovereign Immunity in Favour of Argentina's Central Bank
On August 31, 2015, the U.S. Court of Appeals for the Second Circuit ruled in favour of Argentina's Central Bank in one of the many proceedings initiated …
Herbert Smith Freehills hosts Panel Discussion and Seminar on "The State of State Immunity" in conjunction with the British Branch of the International Law Association
Herbert Smith Freehills, in conjunction with the British Branch of the International Law Association, is hosting a Seminar entitled "The State of State …
US Supreme Court to address "agency" in commercial activity exception to sovereign immunity under the Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq. ("FSIA") provides for limited statutory exceptions to the sovereign immunity of foreign …
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