Hong Kong Court Dismisses Claim Of Crown Immunity By Chinese State-Owned Enterprise

Hong Kong Law

Baker McKenzie review the 2015 decision from the Hong Kong High Court in TNB Fuel Services Sdn Bhd v. China National Coal Group Corporation (08/06/2017, HCCT23/2015), where the Court rejected a claim for Crown immunity by a PRC state-owned enterprise and allowed an arbitration award to be enforced against the SOE’s holdings in its subsidiary in Hong Kong.  The authors note that this is the first case since the important decision of The Hua Tian Long (No 2) [2010] 3 HKLRD 611) where crown immunity is addressed.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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