Foreign States in English Courts

Fundo Soberano De Angola & Ors v dos Santos & Ors [2018] EWHC 2199 (Comm) (16 August 2018) The decision of the Commercial Court (Justice Popplewell) was rendered in the context of a dispute in relation to the sovereign fund of the Republic of Angola (“FSDEA”) and seven of its subsidiaries (“the Claimants”) to the … Continue reading “Fundo Soberano De Angola & Ors v dos Santos & Ors [2018] EWHC 2199 (Comm) (16 August 2018)”

Hardy Exploration & Production (India) Inc v Government of India [2018] EWHC 1916 (Comm) (25 July 2018)  On 25 July 2018, Macdonald Eggers QC (sitting as Deputy Judge of the English High Court) handed down a judgment discharging an Interim Third Party Debt Order (“ITPDO”) granted ex parte against the Government of India (“GOI”) and … Continue reading “Hardy Exploration & Production (India) Inc v Government of India [2018] EWHC 1916 (Comm) (25 July 2018)”

Ukraine v. Law Debenture Trust Corporation P.L.C. [2018] EWCA Civ 2026 (Court of Appeal) This case is part of the ongoing dispute between Ukraine and Russia concerning an alleged $3 billion loan made to Ukraine through the issuance of Eurobonds in 2013. The Court of Appeal in this decision reversed the earlier decision by the … Continue reading “Ukraine v. Law Debenture Trust Corporation P.L.C. [2018] EWCA Civ 2026 (Court of Appeal)”

Progas Energy Limited & Others v The Islamic Republic of Pakistan, [2018] EWHC 209  The decision by the Court (Mr Justice Picken) in this case is one of the first Commercial Court decisions to consider the potential impact of third party funding of arbitration disputes before the Courts. In the Commercial Court, Pakistan sought against … Continue reading “Progas Energy Limited & Others v The Islamic Republic of Pakistan, [2018] EWHC 209”

Commercial Court: PAO Tatneft v. Ukraine [2018] EWHC 1797 Mr Justice Butcher handed down on 13 July 2018 a judgment rejecting Ukraine’s State immunity objections in relation to the enforcement of an investment arbitral award rendered against it. (http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Comm/2018/1797.html&query=(arbitration)). Ukraine argued that there was no arbitration agreement because the arbitral tribunal imported the Fair and … Continue reading “Commercial Court: PAO Tatneft v. Ukraine [2018] EWHC 1797”

Mr Justice Bryan handed down a 46 page Judgment in which he set aside, pursuant to s. 67 of the Arbitration Act, an investor-State Award given by a Stockholm Chamber of Commerce Arbitral Tribunal that was seated in London. The Commercial Court accepted GPF’s arguments on treaty interpretation, the application of the pro tem principle, and the … Continue reading “Commercial Court: GPF GP S.à.r.l. v. The Republic of Poland[2018] EWHC 409 (Comm) “

Dan Sarooshi, author of this blog, will be appointed Silk in February 2018. The award of Queen’s Counsel recognises his excellence in advocacy across a wide-ranging practice in public international law, commercial law, international arbitration, and constitutional law.  

Benkharbouche v. Secretary of State for Foreign & Commonwealth Affairs and Secretary of State for Foreign and Commonwealth Affairs and Libya v. Janah [2017] UKSC 62, 18 October 2017 The case concerns Ms Janah, a Moroccan national who was employed as a domestic worker by the Libyan Embassy in London, and Ms Benkharbouche, also a … Continue reading “Supreme Court: Benkharbouche v. SoS for Foreign & Commonwealth Affairs and SoS for Foreign & Commonwealth Affairs and Libya (Appellants) v. Janah [2017] UKSC 62, 18 October 2017”

Supreme Court: Taurus Petroleum Limited v. State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 Court of Appeal: Taurus Petroleum v. State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2016] 1 Lloyd’s Rep 42 The Supreme Court handed down its Judgment in Taurus v. State … Continue reading “Supreme Court & Court of Appeal decisions in Taurus Petroleum Limited v. State Oil Marketing Company of the Ministry of Oil, Republic of Iraq”

Reyes v Al-Malki and Another [2017] UKSC 61 On 18 October 2017, the Supreme Court unanimously ruled that a former Saudi diplomat and his wife do not enjoy immunity from claims brought against them by their former domestic worker, Ms Reyes. Ms Reyes, a Philippine national, had been employed by Mr and Mrs Al-Malki as … Continue reading “Supreme Court case: Reyes v Al-Malki and Another [2017] UKSC 61”