In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
The concept of transnational issue estoppel is well established under English law. Until recently, English courts had not yet had occasion to consider whether transnational issue estoppel could apply in the context of the...more
In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more
In a significant recent decision in Infrastructure Services v Spain; Border Timbers v Zimbabwe, arising out of two separate English proceedings seeking the recognition and enforcement of ICSID arbitration awards rendered...more
The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more
In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more
A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court...more
In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled to claim immunity under...more
In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation,1 the High Court concluded that where a party has challenged the jurisdiction of...more
Our December 2019 update outlines the key UK employment law developments over the last month. It includes cases on covert surveillance, sexual orientation discrimination when there is no identifiable victim, harassment under...more
A tanker truck, converted into a bomb, was detonated near the north face of building #131 at the Khobar Towers complex in Saudi Arabia shortly before 10 pm on 25 June 1996, according to the 2001 U.S. federal grand jury...more