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
- CACV43/2009
Majority: Hong Kong common law continues to recognize the restrictive doctrine of state immunity post-1997; an application for leave to enforce a foreign arbitral award invokes the court's jurisdiction and impleads the State (so immunity must be considered at that stage); submission to ICC arbitration by a State which is not party to the New York Convention does not, without more, imply a waiver of immunity from jurisdiction or from execution; on the facts the DRC had not waived immunity but FG was entitled to leave to enforce the awards and injunctions were restored pending inquiry into whet…