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27 November 2010
Issue: 7395 / Categories: Case law , Law digest
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Constitutional law

Empresa Nacional De Telecomunicaciones SA v Deutsche Bank AG [2009] EWHC 2579 (QB), [2009] All ER (D) 182 (Nov)

It was clear from the authorities that the public policy exception exception to the “act of state” doctrine existed within very narrow limits. It is concerned with violations of international law and/or with very grave breaches of fundamental universal human rights.

Where a foreign state had compulsorily acquired property there was scope for a range of views as to which rights of the expropriated party were such that they ought to be recognised in a domestic court and there was no rule of international law, whether in the nature of a human right or otherwise, that in no circumstances could property be compulsorily acquired by a state without compensation at least where there was no element of racial or religious discrimination involved.
 

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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