Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
United Kingdom
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/2011/281
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 06/07/2011

NML Capital Ltd v. Argentina

Author(ity)

Supreme Court

Date of the decision, of the judgment

06/07/2011

Points of law

1) (By majority) The exclusion from state immunity for proceedings “relating to ... commercial transaction” within the meaning of section 3 State Immunity Act does not extend to proceedings for the execution of a foreign judgment which itself relates to a commercial transaction.

2) If state immunity is the only bar to jurisdiction, a written agreement to waive immunity is tantamount to submission to the jurisdiction.

Summary of the case

n/a

Sources

[2011] UKSC 31; [2011] 2 A.C. 495

Additional information (explanations, notes, etc.)

n/a