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Matters of state

04 January 2007 / Ned Beale
Issue: 7254 / Categories: Features
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A recent Court of Appeal ruling underlines the limits of the protection afforded by sovereign state immunity in arbitration proceedings. Ned Beale reports

 Sovereign state immunity is a hot topic in international commercial arbitration, especially in the growing field of investment treaty disputes. Svenska Petroleum Exploration AB v Government of the Republic of Lithuania [2006] EWCA Civ 1529, [2006] All ER (D) 156 (Nov) is the latest judgment addressing this issue.

Svenska Petroleum Exploration AB (Svenska) attempted to enforce an arbitral award made in Denmark under the rules of the
International Chamber of Commerce (ICC) in England. The dispute arose out of a 1993 joint venture agreement (JVA) between Svenska and AB Geonafta (Geonafta) for the exploration of Lithuania’s Genciai oilfield. JVA, Art 9 provided that Svenska and Geonafta would submit all disagreements to either the courts of Lithuania, or ICC arbitration in Denmark. The government of the Republic of Lithuania (the state) was not a party to the JVA, but the JVA stated: “The Government of the Republic of Lithuania hereby approves the above agreement

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NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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