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Commercial Arbitration: United Kingdom - England & Wales - Global Arbitration Review

GAR (Global Arbitration Review) is the world's leading international arbitration journal and news service. GAR provides breaking news, daily updates and in-depth monthly features covering international arbitration in countries around the world. GAR also features guest commentary and articles from the world's leading international arbitration practitioners. ....

City Of , United Kingdom , New York , United States , Czech Republic , Bruxelles Capitale , Romania General , Nigeria General , Bolivarian Republic Of Venezuela , Republic Of Lithuania , Republic Of Bolivia , Generali Espa , Andrew Baker , Marina Mayer , Rory Mcleod , Tenke Fungurume , Oliver Marsden , Halliburtonv Chubb , Segurosy Reaseguros , Halliburton Cov Chubb Bermuda Insurance Ltd , Euro Telecom International , Enka Insaat Ve Sanayi , Judicial Services , Katanga Contracting Services , Rosneft Oil Co , International Arbitration ,

Commercial Court declines to lift stay on enforcement of arbitral awards against Russia

The High Court recently declined to lift a stay of the hearing of an application for the enforcement, under the Arbitration Act 1996, of certain arbitral awards and a related jurisdictional objection by the respondent (Russia) on grounds of sovereign immunity. Among other things, a court's powers under the Arbitration Act to order an adjournment of proceedings and the payment of security are not applicable where there is an unresolved state immunity challenge under the State Immunity Act. ....

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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


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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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