To enforce arbitral awards against recalcitrant sovereign debtors, creditors have occasionally resorted to searching for assets embezzled from sovereigns and seeking to attach them. But two recent…
In February 2025, the Court of Appeal of England & Wales unanimously dismissed Russia’s appeal against the English High Court’s decision that issue estoppel applies to its determination of the…
In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various…
The Antrix-Devas saga continues to present twists and turns (see previous coverage on the Blog here, here and here). The latest is the recent decision of the Full Court of the Federal Court of…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction…
On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the…
Introduction
East and Central Asia sees further efforts to promote arbitration through legislative and regulatory developments. Domestic courts clarified issues fundamental to arbitration and the…
Introduction
On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version…
On 24th of February 2022, the Russian Federation commenced a full-scale and open invasion of Ukraine after annexation of Crimea and eight years of hiding behind its puppet republics, the so-called…
