News & Analysis as of

State Immunity Act 1978 (the SIA) Jurisdiction

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

WilmerHale

English Court of Appeal holds that transnational issue estoppel applies in determining issues under State Immunity Act - Hulley...

WilmerHale on

The concept of transnational issue estoppel is well established under English law. Until recently, English courts had not yet had occasion to consider whether transnational issue estoppel could apply in the context of the...more

A&O Shearman

The Prestige saga - clarifications on enforcement and State immunity from injunctions

A&O Shearman on

In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

Morrison & Foerster LLP

Finders Are Not Always Keepers: UK Supreme Court Confirms State Immunity in in Rem Claims

In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more

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