Fangda Partners

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China’s shift to restrictive state immunity: FSIL 2024, arbitration and enforcement exceptions, SOEs, and implications for Hong Kong
PRACTICE NOTES
This Practice Note outlines how the People's Republic of China (PRC) (China) approaches state immunity, setting out the stance taken on immunity matters. For a general introduction and overview of state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes covering state immunity across numerous jurisdictions around the world, in particular including England and Wales, consult our ‘State immunity’ subtopic: State immunity and arbitration—overview. Note: Chinese and Hong Kong court judgments mentioned in this Practice Note are not reported by LexisNexis® UK. State immunity—definition, concepts and approaches State immunity (also known as sovereign immunity) is a concept in public international law describing relationships and dealings involving sovereign states, frequently invoked by states or state‑owned enterprises (SOEs) when making jurisdictional challenges or attempting to resist enforcement against their assets. A solid grasp of sovereign immunity is essential when designing
Arbitration
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