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PRACTICE NOTES
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For more detailed information on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 (SIA 1978), see Practice Note: State immunity in proceedings relating to arbitration (England & Wales). In addition, for Practice Notes on state immunity in a number of jurisdictions around the world (including China, Russia and Singapore), see the ‘State immunity’ subtopic: State immunity and arbitration—overview. In today’s global marketplace, commercial parties transact frequently with governments and government-owned or government-controlled entities when taking advantage of foreign investment opportunities or entering into cross-border contracts. As is the case with transactions between commercial parties, parties to such cross-border arrangements are opting more frequently to have potential disputes resolved by international arbitration rather than litigating through the courts. This is likely attributable to the benefits international
NEWS
Law360, London: In recent years, there has been a surge of enforcement cases against states, especially outside the EU, following a series of judgments from the Court of Justice of the EU, commencing with the 2018 decision in Slovak Republic v. Achmea BV, which held that intra-EU bilateral investment treaties were incompatible with EU law.(Case C-284/16 ECLI:EU:C:2018:158. With ISDS provisions in intra-EU BITs being treated by the CJEU as incompatible with EU law and therefore invalid, it follows that national courts of EU Member States may feel bound to refuse to recognise and enforce such awards).
PRACTICE NOTES
This Practice Note is produced in partnership with Laure-Hélène Gaicio-Fievez, Fabio Trevisan, Javier Garcia-Olmedo, and Francesca Mastragostino at BSP, Luxembourg. Note: the Luxembourg cases referred to below are not all reported by Lexis+® UK. The notion of state immunity in Luxembourg: general principles Under the concept ‘par in parem non habet imperium’, a sovereign state cannot claim jurisdiction over another sovereign state. This principle is the basis of the doctrine of sovereign immunity and the act of state. Foreign states are provided with protection against legal actions brought before the courts of other jurisdictions. State immunity encompasses both immunity from jurisdiction and immunity of execution. On the one hand, immunity from jurisdiction, which is enjoyed by all states and their emanations, enables its beneficiary to prevent a court from hearing a claim against it. Immunity from jurisdiction not only affects the jurisdiction of the court which the matter is brought, but also affects the claimant’s right to bring an action. It in fact has the effect of depriving him of recourse to the courts of a
PRACTICE NOTES
Note: the Swiss cases referred to below are not reported by LexisNexis®. Introduction and the Structure of this Note The issue of immunity most frequently arises with respect to diplomats, but also consular officials and employees. Foreign states enjoy immunity, as do numerous intergovernmental and international organisations pursuant to headquarter agreements with the Swiss Confederation. The assets of foreign central banks are protected by immunity. The same applies to state cultural property, whether such property is brought to Switzerland with or without a return guarantee. Foreign state-owned enterprises and (ordinary) foreign state-owned banks, on the other hand, do not enjoy immunity. Immunity operates as a shield only. To the extent that an individual, an entity, or a state enjoy immunity, the host state may not exercise its jurisdiction vis-à-vis such individual, entity, or state, and it may not enforce against their assets. Yet the individual, entity, or state concerned is not banished from legal life. It may decide to participate in legal transactions in this jurisdiction. Swiss law distinguishes, like most jurisdictions,
PRACTICE NOTES
This Practice Note addresses state immunity from civil proceedings in the courts of the UK, in particular proceedings relating to arbitration. The general rule (subject to exceptions) is that states are immune from the jurisdiction of the courts of the UK. Accordingly, questions of state immunity may arise, for example, where a party brings an application in court against a state to: • challenge or appeal an arbitral award • enforce an award, or • seek an injunction in support of an arbitration The area of law is governed primarily by the State Immunity Act 1978 (SIA 1978). This Practice Note provides an overview of SIA 1978 and explains how it has been applied to court proceedings relating to arbitration. While the SIA 1978 applies to the UK (including Northern Ireland), the case law referred to in this Practice Note derives from the courts of England and Wales. The Practice Note uses ‘England’ and ‘English’ as a convenient shorthand. This Practice Note, in line with
GLOSSARY
State liability is a Union doctrine which allows an individual to claim damages from a Member State for non-compliance with Union law.
PRACTICE NOTES
The statements in this guide are limited to the laws of the State of Delaware and are subject to applicable federal laws of the United States of America (including federal bankruptcy law), some of which are noted herein. This guide does not purport to be comprehensive and is designed to provide information in regard to the subject matter covered. This guide does not constitute the rendering of legal or other professional advice or services. If legal advice or other professional assistance is required, the services of a competent professional should be sought. Loan market and developments Please provide a brief overview of the current state of the loan markets in your jurisdiction and any significant recent market developments. The uncertain economic environment has certainly had an impact on commercial lending activity across the United States, including in the State of Delaware. Since the November 2024
GLOSSARY
An invention is new if it does not form part of the state of the art as of its earliest effective filing date. The state of the art includes anything made available to the public in any form, typically known as 'prior art'.
GLOSSARY
An invention is new if it does not form part of the state of the art as of its earliest effective filing date.
GLOSSARY
The age from which an individual can claim their Basic State Pension.
CHECKLISTS
The single tier State Pension (on and from 6 April 2016) The Basic State Pension was reformed, with effect from 6 April 2016, into a single-tier flat rate pension which combined the Basic State Pension and the Second State Pension. Since 6 April 2016, both men and women need to pay 35 years of national insurance contributions to be entitled to the full flat rate. The flat rate is the same, whether a person is married or not. Tax year Amount (per week) 2026/2027 £241.30 2025/2026 £230.25 2024/2025 £221.20 2023/2024 £203.85 2022/2023 £185.15 2021/2022 £179.60 2020/2021 £175.20 2019/2020 £168.60 2018/2019 £164.35 2017/2018 £159.55 2016/2017 £155.65 The Basic State Pension (before 6 April 2016) Before 6 April 2016, the Basic State Pension consisted of the Basic State Pension and Second State Pension. There was a third, minor, element called the graduated pension that depended on graduated National Insurance contributions paid by employees when the graduated pension scheme existed from 1961 to 1975. The Basic State Pension is a flat-rate pension payable
GLOSSARY
The third pillar of state pensions; it comprises both the guarantee credit and the savings credit.