Jurisdiction(s):
United Kingdom

Key definition

Mutual recognition definition

What does Mutual recognition mean? Mutual recognition describes the approach whereby one jurisdiction permits goods, services, professional qualifications or decisions that comply with another jurisdiction’s rules or structurally comparable standards to be accepted without requiring compliance with its own rules, unless a non-discriminatory and proportionate public‑interest justification exists (for example, public health, consumer or environmental protection). In EU law, the principle derives from Court of Justice case law (Cassis de Dijon) and is embedded in legislation: member States generally must allow products lawfully marketed in another Member State, applying their own standards only where necessary, suitable and proportionate to a legitimate aim. In the UK, mutual...

State immunity in France-seated arbitration: jurisdiction and enforcement, waiver, Cour de Cassation case law, and the Sapin 2/FCCEP enforcement framework

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines how state immunity affects arbitration proceedings with their seat in France. For a broader overview of state immunity in arbitration, consult Practice Note: State immunity and arbitration—general considerations. For guidance across multiple jurisdictions, see the State immunity subtopic: State immunity—overview...

Note: the French authorities cited below are not reported by LexisNexis® UK...

The notion of state immunity in France: general principles

French law recognises two categories of state immunity:

State immunity from jurisdiction—this doctrine bars a court or tribunal from assuming jurisdiction over a state that enjoys such immunity. The applicable Rules are developed through case law. French courts at times look to the United Nations Convention on Jurisdictional Immunities of States and Their Property dated 2 December 2004 as a persuasive point of reference...
State immunity from Enforcement—this principle prevents a court or tribunal from enforcing an award or judgment against assets belonging to the immune state...

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Nadia Darwazeh

Clyde & Co LLP

Nadia Darwazeh is a Partner and Head of Arbitration of Clyde & Co's Paris office. Nadia has extensive experience acting as counsel in commercial and investor-state arbitrations. She also regularly and sits as arbitrator. Before joining Clyde & Co, Nadia practiced for two decades in the International Arbitration Groups of leading international law firms in Paris, Shanghai, Frankfurt and London and as Counsel at the ICC, where she headed up the Europe, Middle East and Africa team. Nadia is dual-qualified in England & Wales (Solicitor-Advocate) and Germany (Rechtsanwältin). She earned her LLM in International Public Law from the University of Cambridge and her LLB from the University of Warwick. She conducts arbitrations in French, German and English and speaks Dutch and Mandarin Chinese....

Rémi Sassine

Clyde & Co LLP

Rémi Sassine is an associate in international arbitration at Clyde & Co’s Paris office. His practice focuses on commercial and investment arbitration, as well as cross-border litigation. Rémi is admitted to the Paris Bar. He holds a Master's degree in Global Business Law and Governance from the University of Paris I Pantheon Sorbonne and the University of Melbourne, as well as a Master's degree in Private International Law from the University of Paris II Pantheon-Assas.”...

Web page updated on 21/05/2026

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