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Dutch Supreme Court orders to review decision on Yukos case

Supreme Court of the Netherlands postpones ruling on Yukos case until November 5

Supreme Court of the Netherlands postpones ruling on Yukos case until November 5
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Challenge to the court s jurisdiction on the grounds of state immunity: confirmation of the English court s powers under s103(5) of the Arbitration Act | White & Case LLP

To embed, copy and paste the code into your website or blog: In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation, 1 the High Court concluded that where a party has challenged the jurisdiction of the court under the State Immunity Act 1978 ( the SIA ), the English courts do not have the power under s103(5) of the Arbitration Act 1996 (the Arbitration Act ) to order an adjournment of or grant security in aid of proceedings for recognition or enforcement of an arbitral award. In his judgment, Mr Justice Henshaw reaffirmed the well-established principle that state immunity is a preliminary issue, which must be decided before any other issues in the case. He clarified that any exercise of powers under s103(5) would constitute the assertion of adjudicative jurisdiction over a state in circumstances where the court has not yet determined such jurisdiction to exist.

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