Sovereign Immunity

Arbitral seat, Crown Immunity, Dispute resolution clause, Jurisdiction, Jurisdiction of the arbitral tribunal, Seat of the arbitration, Sovereign Immunity

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

In a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final Appeal (CFA) has held by a majority of 3:2 that absolute sovereign immunity applies in Hong Kong, with no exception for purely commercial transactions or assets….

Asia-Pacific, Crown Immunity, Dispute resolution clause, Sovereign Immunity

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

Everyone is looking at China at the moment, and rightly so. It’s a very exciting place to be. Many MNCs are already here and many others are determined to get a piece of the action. But where there’s business, there are disputes. And where there’s international business, there’s arbitration. There is no doubt that the…