10 Feb 2010
FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
- Citation
- FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV373/2008
Majority held Hong Kong common law continues to recognise restrictive sovereign immunity; an application for leave to enforce a Convention award invokes the court's jurisdiction and thus impleads a foreign State; the DRC had not waived immunity from jurisdiction or from execution by submitting to ICC arbitration (especially as it is not party to the New York Convention); leave to enforce was granted and injunctive relief restored pending a remitted inquiry to determine whether the entry fees are DRC assets and whether they are intended for commercial use (and thus amenable to execution).