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The Congo Case, State immunity and what it means for business in Hong Kong

Hogan Lovells
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Hong Kong
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June 13 2011

On 8 June 2011, Hong Kong's highest court, the Court of Final Appeal ("CFA"), handed down its long-awaited judgment on the issue of State immunity in the "the Congo Case"

Immunity for sovereigns: when is the sovereign or a foreign state immune from suit or enforcement in Hong Kong?

King & Wood Mallesons
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Hong Kong
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August 3 2011

Two decisions by Hong Kong’s Court of First Instance (“CFI”), Intraline Resources Sdn Bhd v The Owners of the Ship or Vessel “Hua Tian Long” (“Hua Tian Long”), and the Court of Final Appeal (“CFA”), Democratic Republic of the Congo and Others v FG Hemisphere Associates LLC (“FG Hemisphere”), have put the spotlight on the applicability of the concepts of Crown immunity and State immunity in Hong Kong since the handover on 1 July 1997

Absolute State immunity in Hong Kong

Mayer Brown LLP
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Hong Kong
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August 29 2011

The Standing Committee of the National People’s Congress has confirmed that the absolute immunity applies to foreign States in Hong Kong

Absolute immunity for states in Hong Kong - implications for those enforcing or contracting in Hong Kong with government departments

King & Wood Mallesons
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Hong Kong
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June 14 2011

The Court of Final Appeal of Hong Kong ("CFA") gave a provisional ruling on 8 June 2011 (by a 3:2 majority) that the Democratic Republic of Congo ("DRC") can enjoy sovereign immunity from enforcement in Hong Kong of two ICC awards, obtained in arbitrations held in Paris and Zurich

General counsel update

Herbert Smith Freehills LLP
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China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Hong Kong Court of Appeal clarifies state immunity law in Hong Kong

Herbert Smith Freehills LLP
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Hong Kong
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March 4 2010

In the case of FG Hemisphere Associates LLC v Democratic Republic of the Congo and others, the Hong Kong Court of Appeal held by a majority that Hong Kong adopts a restrictive approach to sovereign immunity

Search results

The Congo Case, State immunity and what it means for business in Hong Kong

Immunity for sovereigns: when is the sovereign or a foreign state immune from suit or enforcement in Hong Kong?

Absolute State immunity in Hong Kong

Absolute immunity for states in Hong Kong - implications for those enforcing or contracting in Hong Kong with government departments

General counsel update

Hong Kong Court of Appeal clarifies state immunity law in Hong Kong

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