FG Hemisphere Associates LLC v Democratic Republic of the Congo and Ors - Hong Kong SAR Court of Appeal (Stock VP, Yeung and Yuen JJA) - 10 February 2010

(2011) 821 LMLN 1

Sovereign immunity - Plaintiff seeking to enforce in Hong Kong foreign arbitration awards in their favour against Democratic Republic of Congo - Whether relevant acts were acts of state or commercial transactions - Whether Hong Kong applied absolute or restrictive doctrine of state immunity -Whether waiver of right to assert state immunity

The plaintiff sought leave to enforce arbitration awards made in France and Switzerland against the Democratic Republic of the Congo (“DRC”). France and Switzerland were parties to the New York Convention on the Enforcement and Recognition of Foreign Arbitral Awards but the DRC was not.