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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 …
English Court of Appeal confirms that the estate of a head of state who dies in office enjoys immunity only in respect of official acts
In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWCA Civ 481, the English Court of Appeal (the Court) confirmed …
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 …
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 …
English High Court provides guidance on waiver of sovereign immunity
In a recent decision in the case High Commissioner for Pakistan In the United Kingdom ("Pakistan") v National Westminster Bank (the "Bank"), the English …
Belhaj v Straw: English Court of Appeal rules that state immunity and the act of state doctrine does not prevent claims against the British government for alleged involvement in unlawful rendition
On 30 October 2014, the Court of Appeal in Belhaj v Straw and Others [2014] EWCA Civ 1394 ruled that state immunity and the act of state doctrine did not …
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 …
English High Court says that a head of state who dies in office enjoys immunity only in respect of official acts
Introduction In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch), the High Court found that the …
Showing 36 out of 37 results
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Andrew Cannon
Partner, Head of International Arbitration, London, Paris, India Group, Nordic Group, Africa Group, Kazakhstan Group, Ukraine Group and Central Asia Group
Christian Leathley
Partner, Head of International Arbitration, US, London, New York and Latin America Group
Dr Patricia Nacimiento
Partner, Germany, Central Asia Group, Kazakhstan Group, Latin America Group and Ukraine Group
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Laurence Franc-Menget
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Lode Van Den Hende
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