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Sovereign Immunity Bilateral Investment Treaties

White & Case LLP

English Court issues landmark decision on state immunity and enforcement

White & Case LLP on

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

Hogan Lovells

U.S. case may open new venue for investor-state disputes

Hogan Lovells on

On Jan. 17, a U.S. citizen brought a $110 million lawsuit in the U.S. District Court for the District of Columbia for damages caused by Curaçao and St. Maarten government actors. The basis for the suit, Ansary v. Central Bank...more

A&O Shearman

No sovereign immunity for Ukraine against investment treaty award creditor

A&O Shearman on

Ukraine’s recent attempt to resist enforcement of an ICSID award on sovereign immunity grounds has failed. Most importantly, the decision confirms the inherent value in any arbitration agreement –a State may lose the right...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

Latham & Watkins LLP on

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Dorsey & Whitney LLP

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

Dorsey & Whitney LLP on

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

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