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United States: Supreme Court Addresses Scope of Foreign Governments’ Immunity to Discovery

(June 26, 2014) The United States Supreme Court has ruled that the Foreign Sovereign Immunities Act of 1976 (FSIA) does not grant immunity to foreign governments from discovery proceedings in litigation over the execution of judgments. (Republic of Argentina v. NML Capital, Ltd., No. 12-842 (June 16, 2014), Supreme Court website.) In 2001, the petitioner, […]

China; Hong Kong: Congo Assets Case Tests Sovereign Immunity

(Sept. 1, 2011) On August 26, 2011, China's National People's Congress (NPC) Standing Committee unanimously affirmed an earlier decision of a Hong Kong court, declaring that companies cannot sue sovereign states to recover assets. (Sovereign States Get Legal Immunity in Hong Kong, VOICE OF AMERICA (Aug. 26, 2011); Zhao Yinan, Top Legislature Interprets HK Law, […]