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Immunity for State-Owned Enterprises?

20 June 2011

International Litigation and Arbitration Alert

Following last week's Newsflash reporting on the Congo case[1], we have received queries on whether Mainland state-owned enterprises ("SOE"s) can claim immunity in the Hong Kong Courts.

The Congo case did not deal with the status of SOEs or other government-related entities (instead the case dealt with the Congo as a State).

As discussed below, while it is unlikely that SOEs could claim immunity from proceedings in the Hong Kong Courts, a recent case at the Court of First Instance ("CFI") (which is under appeal) sheds some light on this area of law.


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