Sovereign Immunity
Singapore Court of Appeal sets aside injunction against Maldivian state-owned company in airport dispute
The Singapore Court of Appeal has set aside an interim injunction granted by the High Court against a Maldivian state-owned corporation (“MACL“), by which MACL had been restrained from interfering with the operation of the Maldives airport by the relevant … Continue reading
Filed under Asia, India, South East Asia, Sovereign Immunity
NML Capital and Argentina: Ghanaian court rejects Argentina’s sovereign immunity challenge and NML Capital targets second vessel in South Africa
On 25 October, News agencies reported that a second Argentine navy vessel has been targeted by NML Capital, this time in South Africa. This followed the news on 11 October 2012, that the Ghanaian Commercial Court in Accra rejected a … Continue reading
UK Supreme Court clarifies “commercial purposes” exception to state immunity; when enforcing against property, its origin is irrelevant
The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others. This decision provides guidance on the scope of the “commercial purposes” exception from immunity from execution, and, … Continue reading
Filed under Enforcement, Europe, Europe, Sovereign Immunity
Privy Council rules on the liability of State-owned corporations for debts of the State
On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des Mines (“Gécamines“), a mining company owned by the Democratic Republic of Congo (“DRC“). The … Continue reading
The ICJ firmly upholds principles of sovereign immunity in its recent judgment in the case of Germany v Italy
On 3 February 2012, the International Court of Justice (ICJ) gave judgment in favour of Germany in respect of proceedings against Italy alleging violations of sovereign immunity. Sovereign immunity is one of the fundamental principles of international law, providing that … Continue reading
Hong Kong Court of Final Appeal clarifies law of sovereign immunity in Hong Kong, with important implications for contracts with State entities
In its provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates the Hong Kong Court of Final Appeal (CFA) found that absolute sovereign immunity applies in Hong Kong, with no exception for purely commercial transactions or assets … Continue reading
Court of Final Appeal to clarify state immunity law in Hong Kong
The Democratic Republic of Congo (DRC) was last month granted leave to appeal the Hong Kong Court of Appeal decision on state immunity law, FG Hemisphere Associates LLC v Democratic Republic of the Congo and others (CACV 373/2008 & CACV … Continue reading
