Source: All England Reporter
Publisher Citation: [2005] All ER (D) 140 (Nov)
Neutral Citation: [2005] EWHC 2437 (Comm)
Court: Queen's Bench Division (Commercial Court)

Gloster J

Representation Michael Bools (instructed by Norton Rose) for the claimant.
  S Shackleton and David Holloway (instructed by Eversheds) for the defendants.
Judgment Dates: 4 November 2005


Constitutional law - Foreign state - Immunity from suit - Enforcement of foreign arbitration proceedings - State participating fully in arbitration - Whether state entitled to immunity against enforcement proceedings in London.

The Case

The Government of Lithuania was not entitled to state immunity in respect of an arbitration award arising out of an oil exploration contract with a Swedish company; Lithuania had agreed to arbitration in the contract, had challenged the arbitrators' jurisdiction unsuccessfully, and had thereafter participated fully in the substantive arbitration.

Practice Areas

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