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04 January 2007 / Ned Beale
Issue: 7254 / Categories: Features
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Matters of state

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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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