Tag: sovereign immunity
Showing 10 out of 10 results
Crossing Digital Borders: The English Court of Appeal's Ruling in Shehabi v Bahrain
The English Court of Appeal has affirmed that state immunity under the State Immunity Act 1978 is not available in cases of hacking 'from abroad', as the …
CROSS POST: FEDERAL COURT OF AUSTRALIA AFFIRMS JURISDICTION TO ENFORCE ARBITRAL AWARDS AGAINST FOREIGN STATES PARTY TO THE NEW YORK CONVENTION
In a recent post on our Arbitration Notes blog, Andrew Cannon, Antony Crockett, Chad Catterwell, James Allsop, Imogen Kenny and Joy Rao consider the …
MALAYSIAN HIGH COURT GRANTS FIRST ANTI-ARBITRATION INJUNCTION ON THE GROUNDS OF SOVEREIGN IMMUNITY
A law on immunity from enforcement in France
The 'Law on Transparency, Anti-corruption Measures and the Modernisation of the Economy' presented by Michel Sapin, Minister for the Economy and Finance, …
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 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 …
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 …
French Supreme Court decision in Commisimpex dispute heralds significant change in approach to sovereign immunity
In Cour de cassation, Chambre civile 1, 13 May 2015, n° 13-17751, the French Cour de cassation (Supreme Court) considered an appeal from a Versailles …
Constitutional rights vs. state immunity: implementation of an ICJ decision on sovereign immunity declared unconstitutional
A recent decision by the Italian Constitutional Court calls into question the applicability of generally accepted principles of sovereign immunity to …