Fangda Partners

Experts

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Olga Boltenko
Partner
Fangda Partners
Peter Yuen
Partner, Managing Partner Hong Kong
Fangda Partners
Contributions by Fangda Partners

1

State immunity and arbitration in China
State immunity and arbitration in China
Practice notes

This Practice Note considers the law on state (sovereign) immunity in the People’s Republic of China (China) (including in respect of absolute immunity and restrictive immunity) as it relates to arbitration (arbitral) proceedings (or the arbitration process) and the enforcement of awards. It covers Chinese domestic legislation and court guidance. It covers the case law in Congo v FG Hemisphere Associates and Russell Jackson v China and the position of state-owned entities (SOE). The Practice Note covers China’s position as a signatory to the ICSID Convention and United Nations Convention on Jurisdictional Immunities of States and their Property.

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