Tag: state immunity

Showing 24 out of 26 results

26 October 2016

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 …

13 July 2016

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 …

29 June 2016

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 …

11 April 2016

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 …

10 March 2016

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 …

04 December 2015

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 …

09 November 2015

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 …

15 September 2015

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 …

07 September 2015

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 …

08 June 2015

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 …

09 April 2015

The need to act strategically to preserve state immunity: States lose immunity by taking steps in proceedings in the English courts to challenge a Tribunal's jurisdiction

In an appeal in a case considering the interrelation between arbitration and state immunity, on an application by France and Spain (the States), the …

10 February 2015

The erosion of state and diplomatic immunity by European law? Two recent English Court of Appeal cases

In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered …