Public International Law Notes

Cross-post: Inside Arbitration Podcast on State Immunity and the Adverb that Changed Everything

MAINLAND CHINA, HONG KONG AND MACAU TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY

The PRC has passed a new Foreign State Immunity Law which will apply the "restrictive" approach to foreign state immunity with effect from 1 January …

ENGLISH COMMERCIAL COURT DETERMINES THAT A STATE-OWNED AIRLINE IS NOT ENTITLED TO BE SERVED IN ACCORDANCE WITH THE STATE IMMUNITY ACT

In AELF MSN 242, LLC (a Puerto Rico limited liability company) v De Surinaamse Luchtvaart Maatschappij N.V. D.B.A. Surinam Airways [2022] EWHC 544 …

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

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 …

State immunity: English court considers service of proceedings on a State in times of political unrest, and questions relating to enforcement of a foreign judgment against a State

In the recent decision of Certain Underwriters At Lloyds London v Syrian Arab Republic & Ors [2018] EWHC 385 (Comms) the English Commercial Court …

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 …

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, …

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 …

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 …