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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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