Arbitration Notes

Australia's highest court finds that ratification of the New York Convention does not constitute a waiver of immunity

UK Supreme Court confirms States party to the
ICSID Convention cannot rely on immunity to avoid recognition of ICSID awards

2025 English Commercial Arbitration Round-Up

Inside Arbitration Podcasts: English Arbitration Developments 2025

The Yukos enforcement saga in the US courts: D.C. federal appeals court directs lower court to decide question of issue estoppel

Immunity under s1 of the UK State Immunity Act 1978: unaffected by ratification of the New York Convention on its own

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 …