The have been a number of interesting and significant developments in the field of Public International Law around the globe since our last update.
Immunity is an important concern for both state and private organisations and there have been a number of noteworthy decisions, some of which have implications for the drafting of waivers of immunity in commercial contracts:
- The French Supreme Court relaxed its approach, appearing to abandon the requirement that the waiver be "express and specific"and to simply require that it be express.
- The US Second Circuit reinforced the statutory presumption in favour of the immunity of States' instrumentalities, and set a very high standard for creditors seeking to establish that foreign government instrumentalities are alter egos of their parent government.
- The English High Court denied Kurdistan Regional Government of Iraq's claim to immunity for various reasons, including because as a"separate entity" under the State Immunity Act 1978, the KRG did not enjoy immunity as it was not exercising the sovereign authority of a state.