Client Work Detail
matter
FG Hemisphere scores an important victory before the Court of Appeal of Hong Kong
CLIENT
FG Hemisphere and Associates, LLP
DATE
February 10, 2010
EXPERTISE
International Markets - China, Litigation, International Arbitration, Arbitration and Alternative Dispute Resolution
LAWYER(S)
On February 10, 2010, the Court of Appeal for the Special Administrative Region of Hong Kong found that the international rule of restrictive immunity continued to apply in Hong Kong, notwithstanding that the rule of absolute immunity may be applicable to the rest of the People's Republic of China. Reversing a decision rendered by a motions judge, the Court of Appeal held that the Democratic Republic of Congo could not invoke immunity to prevent the courts of Hong Kong from exercising their jurisdiction in recognition of two International Chamber of Commerce (ICC) arbitral awards rendered against it, collectively worth approximately US$100 million. This decision constitutes an important precedent for international investors, as it affirms the independence and distinctiveness of the legal system of Hong Kong in matters of international commerce.
A team of Ogilvy Renault LLP lawyers, consisting principally of Richard L. Desgagnés, Azim Hussain and Rachel Bendayan, acted as special counsel to FG Hemisphere on issues of state immunity, international arbitration and public international law and assisted a legal team in Hong Kong.
Additional Information - Court of Appeal of Hong Kong (external link): http://www.hklii.hk/hk/jud/eng/hkca/2010/CACV000043_2009-69730.html
Feature
The decision constitutes an important precedent for international investors, as it affirms the independence and distinctiveness of the legal system of Hong Kong in matters of international commerce.
