Filling The State Immunity Lacuna In Hong Kong: The Congo Case
Mondaq Business Briefing › Hong Kong Law Articles in English (2011)
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Filling The State Immunity Lacuna In Hong Kong: The Congo Case
In mid-2008, a Delaware company called FG Hemisphere Associates LLC ("FG Hemisphere") commenced proceedings in Hong Kong to enforce two arbitration awards ("Awards") against the Democratic Republic of Congo ("DRC") and obtained an injunction freezing US$104 million that was purportedly destined to be paid to the DRC. This triggered a complex legal debate over the extent to which the Hong Kong court has jurisdiction over foreign states in respect of lawsuits and enforcement proceedings arising out of commercial contracts between the foreign state and a non-state party.
The central issue in the proceedings was whether the regime of state immunity applicable in Hong Kong today is one of "re...See the full content of this document
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