United Kingdom [gb]; England and Wales; High Court [EWHC]; Queen's Bench Division [QBD]; Commercial Court
Subject(s)
Diplomatic privileges — Right to fair trial — Immunity from jurisdiction, states — Expropriation — Investment — Debts — Compensation — Recognition and enforcement — Arbitrators
Core Issue(s)
Whether funds of the national oil reserve of Kazakhstan held via Kazakh central bank accounts were ‘property of a State's central bank’ for the purposes of the
State Immunity Act 1978
and immune from measures of execution in the English courts.
United Kingdom [gb]; England and Wales; High Court [EWHC]; Queen's Bench Division [QBD]; Commercial Court
Subject(s)
Act of state doctrine — Jurisdiction — Investment — Vienna Convention on the Law of Treaties — Travaux préparatoires — Rules of treaty interpretation — Consistent interpretation — Relationship of international law & host state law — Arbitrators — Fork in the road clause — Recognition and enforcement — Judicial review of arbitral awards — Jurisdiction of states, domestic — Non-justiciability
Core Issue(s)
The extent to which the doctrine of non-justiciability applied to prevent the English courts from determining a challenge to an arbitration award rendered pursuant to a
Bilateral Investment Treaty
.
