State immunity Archives - Page 2 of 2 - international litigation blog
107
archive,paged,category,category-state-immunity,category-107,paged-2,category-paged-2,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.4,wpb-js-composer js-comp-ver-4.12.1,vc_responsive
 

State immunity

France Amends Rules on State Immunity from the Execution of Judgments and Arbitral Awards

On 9 December 2016, the French Parliament adopted a law (the Law) which amended the rules on State immunity from the execution of judgments and arbitral awards contained in Article L 111-1 of the French Code on Civil Enforcement Procedures (Article L 111-1). The Law now makes it more difficult for a creditor to enforce, in France, a judgment or an arbitral award on goods belonging to a foreign State.READ MORE

0

U.K. Supreme Court Rules on State Immunity and (Crown) Act of State Doctrines

On 17 January 2017, the U.K. Supreme Court (the Supreme Court) handed down three exceptionally significant decisions on allegedly tortious acts done by British Armed Forces in the context of overseas military operations or by government officials alleged to have been complicit in the wrongful acts done by foreign States. Each of the three decisions dealt with important questions of law such as State immunity, the “Foreign Act of State” doctrine, the “Crown Act of State” doctrine as well as the compatibility of overseas detentions with Article 5 of the European Convention of Human Rights (ECHR).

The three decisions at issue are: (i) Rahmatullah (No 2) e.a. v. Ministry of Defence; (ii) Al-Waheed and Serdar Mohammed v. Ministry of Defence; and (iii) Belhaj e.a. v. Straw e.a.READ MORE

0

U.S. Supreme Court Expected to Rule on FSIA Pleading Standards and Expropriation Exception

On 2 November 2016, the U.S. Supreme Court (the Supreme Court) heard the oral arguments in a case where it was asked to clarify the pleading standards and the “expropriation” exception of the U.S. Foreign Sovereign Immunity Act of 1976 (FSIA).

The case arose in the context of a dispute between Helmerich & Payne International (HMI) – an American company – and Helmerich & Payne de Venezuela (HMV) – a subsidiary of HMI incorporated under the laws of Venezuela – on one hand, and the Venezuelan government and the national petroleum company PDVSA, on the other hand.READ MORE

0