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  • 1.

    What is the general approach to the concept of sovereign immunity in your state?

  • 2.

    What is the legal basis for the doctrine of sovereign immunity in your state?

  • 3.

    Is your state a party to any multilateral treaties on sovereign immunity? Has the state made any reservations or declarations regarding the treaties?

  • 4.

    Describe domestic law governing the scope of jurisdictional immunity.

  • 5.

    How can the state, or its various organs and instrumentalities, waive immunity or consent to the exercise of jurisdiction?

  • 6.

    In which types of transactions or proceedings do states not enjoy immunity from suit (even without the state’s consent or waiver)? How does the law of your country assess whether a transaction falls into one of these categories?

  • 7.

    If one of the exceptions to sovereign immunity set out above applies, is there any related principle that could prevent a court having jurisdiction over the state?

  • 8.

    To what extent do proceedings against a state enterprise or similar entity affect the immunity enjoyed by the state? Is there precedent for piercing the corporate veil to subject the state itself to those proceedings?

  • 9.

    What is the nexus the plaintiff needs to have standing to bring a claim against a state?

  • 10.

    What is the nexus the forum court requires to exercise jurisdiction over a state if the property or conduct that forms the subject of the claim is outside the forum state’s territory?

  • 11.

    When a state is subject to proceedings before a court or arbitral tribunal in your jurisdiction, what interim or injunctive relief is available?

  • 12.

    When a state is subject to proceedings before a court or arbitral tribunal in your jurisdiction, what type of final relief is available?

  • 13.

    Identify the court or other entity that must be served with process before any proceeding against a state may be issued.

  • 14.

    How is process served on a state?

  • 15.

    Under what conditions will a judgment be made against a state that does not participate in proceedings?

  • 16.

    Describe domestic law governing the scope of enforcement immunity.

  • 17.

    When enforcing against a state, would debt collection statutes and the enforcement sections of civil procedure codes or similar codes also apply?

  • 18.

    Does a prior submission to the jurisdiction of a court or tribunal constitute consent for any further enforcement proceedings against the property of the state?

  • 19.

    Describe the property or assets that would typically be subject to enforcement or execution.

  • 20.

    Describe the assets that would normally be covered by enforcement immunity and give examples of any restrictive or broader interpretations adopted by the courts.

  • 21.

    Explain whether the property or bank accounts of a central bank or other monetary authority would be covered by enforcement immunity even when such property is in use or is intended for use for commercial purposes.

  • 22.

    Explain whether domestic jurisprudence has developed any further test that must be satisfied before enforcement against a state is permitted.

  • 23.

    How is a state served with process or otherwise notified before an arbitration award or judgment against it (or its organs and instrumentalities) may be enforced?

  • 24.

    Is there a history of enforcement proceedings against states in your jurisdiction? What part of these proceedings is based on arbitral awards?

  • 25.

    Are there any public databases through which assets held by states may be identified?

  • 26.

    Would a court in your state be competent to assist with or otherwise intervene to help identify assets held by states in the territory?

  • 27.

    Does the state’s law make specific provision for immunity of international organisations?

  • 28.

    Does the state consider international organisations headquartered or operating in its territory as enjoying domestic legal personality and could such organisations be subjected to proceedings before a court or arbitral tribunal?

  • 29.

    Would international organisations in the state enjoy enforcement immunity? Are there any cases where debtors sought to enforce against a state by attaching or executing assets held by international organisations?

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As part of one of the world's most successful dispute resolution firms, Quinn Emanuel's dedicated arbitration practice has always been a major practice area. The firm has international arbitration specialists in all of its offices, including London, Paris, Los Angeles, New York, Washington, DC, Moscow, Hong Kong and Sydney.

View more information about Quinn Emanuel Urquhart & Sullivan LLP


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