United Kingdom: Sovereign Immunity: Public Sector Government

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UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims
The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals
United Kingdom International
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WilmerHale
Article
English Court Of Appeal Confirms New York Convention Ratification Does Not Waive State Immunity In Enforcement Proceedings
The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?
Worldwide International
KL
Herbert Smith Freehills Kramer LLP
Article
Enforcement Of Awards Against Sovereigns - UK Court Of Appeal Clarifies Scope Of Waiver Of State Immunity
The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award
United Kingdom Litigation
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WilmerHale
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