Foreign States in English Courts

The judgment in Operafund Eco-Invest SICAV Plc v Kingdom of Spain, delivered by Lord Justice Fraser on 25 January 2024, presents a complex legal landscape surrounding the enforcement of an ICSID arbitration award against Spain. The case involves two primary applications: Spain’s attempt to set aside a Registration Order made by Cockerill J on September … Continue reading “Operafund Eco-Invest Sicav Plc v Kingdom of Spain [2024] EWHC 82 (Comm)”

The decision represents a significant development in the interpretation of state immunity laws in the context of digital surveillance. The Court of Appeal considered Bahrain’s appeal from Justice Julian Knowles’ decision ([2023] EWHC 89 (KB)) to address whether Bahrain could claim state immunity under the SIA in relation to allegations of cyber espionage against two … Continue reading “Dr Saeed Shehabi Moosa Mohammed v The Kingdom of Bahrain [2024] EWCA Civ 1158”

On 20 December 2024, the Court of Appeal dismissed Spain’s appeal, rejecting its claim to immunity from a former employee’s allegations of discrimination and constructive dismissal at its UK embassy. Significantly, the Court held that embassy roles not involving sovereign authority are not immune under the SIA. It also allowed the Claimant, a dual Spanish … Continue reading “The Kingdom of Spain v Lydia Lorenzo [2024] EWCA Civ 1602”

The Court of Appeal addressed issues of sovereign immunity and the methods of service of court documents in foreign jurisdictions. The court upheld that President Filipe Nyusi, as the current Head of State of Mozambique, was entitled to immunity from jurisdiction under the State Immunity Act 1978. Additionally, the court examined whether service of the … Continue reading “Privinvest Shipbuilding Sal (Holding) and Others v Filipe Jacinto Nyusi [2024] EWCA Civ 184”

*An appeal from this decision was heard by the Supreme Court on 6 November 2024 and a decision is awaited. The Court of Appeal (Civil Division) dismissed an appeal by the Royal Embassy of Saudi Arabia (Cultural Bureau) against an Employment Tribunal decision rejecting their claim of state immunity in a discrimination case. The appellant … Continue reading “Royal Embassy of Saudi Arabia (Cultural Bureau) v Antoinette Costantine [2024] EWCA Civ 332”

The dispute involved Zhongshan Fucheng Industrial Investment Co Ltd (“Zhongshan”), a Chinese company, and the Federal Republic of Nigeria (“Nigeria”). Zhongshan sought to enforce an arbitration award amounting to approximately US$55.6 million against Nigeria. To satisfy this award, Zhongshan applied for final charging orders over two residential properties in Liverpool owned by Nigeria. Background: Zhongshan … Continue reading “Zhongshan Fucheng Industrial Investment Co. Ltd. v The Federal Republic of Nigeria [2024] EWHC 1503 (Comm)”

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”