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On 1 January 2024, Foreign State Immunity Law of The People’s Republic of China (“FSIL”) came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China....more
June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more
On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§1330, 1602 et seq., does not require a plaintiff...more
On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation...more
In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more
The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more