12 Dec 2008
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 First Instance
- Case number
- HCMP928/2008
The Court held that the DRC is entitled to sovereign immunity from execution in Hong Kong in respect of the two ICC awards because the underlying transactions are sovereign in nature (not commercial) and the DRC did not validly waive immunity; accordingly the Hong Kong Court lacks jurisdiction to enforce those awards against the DRC and the ex parte enforcement orders must be set aside.