The Hyderabad Funds Case: State Immunity Waived Goodbye for Good

In The High Commissioner for Pakistan in the United Kingdom v National Westminer Bank & ors [2015] EWHC 55 (Ch) the English High Court (Chancery Division) has confirmed that where a state commences proceedings it thereby waives its immunity as a sovereign state from the Court’s jurisdiction, and that waiver is irrevocable and extends to claims which it could have anticipated would be brought by non-parties which would apply to join. A state cannot therefore reinstate its immunity simply by discontinuing the proceedings. Read more
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