Implications of China's Doctrine of Strict State Immunity on Belt & Road Disputes
Event Details
SIDRA and the British Institute of International and Comparative Law (BIICL) are pleased to jointly present this webinar on state immunity.
The doctrine of "strict" or "absolute" immunity prescribes that, absent waiver, foreign states and state organs are strictly immune, in all circumstances, from civil suit and execution in a nation's courts. This can be contrasted against the doctrine of "restrictive" immunity, adopted by many major trading nations in the world today, under which the general immunity of states and state organs against civil suit and execution would not extend to matters of a commercial nature. China presently applies the doctrine of "strict" immunity, which may potentially affect the enforcement of purely commercial international arbitration awards. This issue may be of practical importance to parties along the BRI seeking to enforce a judgment or arbitral award in Mainland China or Hong Kong.
This webinar aims to cover the following issues:
• Effects of crown immunity in Hong Kong
• Immunity disputes that may arise in the BRI context (including the position of state-owned-enterprises)
• Enforcement of arbitration awards
• Waiver and possible mechanisms for dealing with immunity
Please Note: Chatham House Rules will apply to this Webinar.
Speakers
Charles Tay, a Singaporean practising in Beijing, will provide participants with an overview of the concept of strict state immunity and potential applications in relation to BRI disputes.
Chiann Bao, Honorary Senior Fellow of BIICL, will provide commentary from her perspective as a seasoned arbitrator currently based in Hong Kong.
Duncan Speller, a partner at WilmerHale, will provide his perspective as counsel who has been involved in some of the leading cases on state immunity issues, in multiple jurisdictions including England and the DIFC.
Event Moderator Allison Goh,, formerly counsel with SIAC handling China-related disputes.
More about the speakers
Pricing and Registration
The webinar is free to attend but registration is required.
Register for the webinar
For enquiries, please contact : sidra@smu.edu.sg
