State immunity from anti-suit injunction is not incompatible with Article 6 of ECHR (Court of Appeal) | Practical Law

State immunity from anti-suit injunction is not incompatible with Article 6 of ECHR (Court of Appeal) | Practical Law

In UK P&I Club NV and another v Republica Bolivariana de Venezuela [2023] EWCA Civ 1497, the Court of Appeal upheld a decision refusing the claimant a final anti-suit injunction restraining foreign proceedings against it by Venezuela. The privilege in section 13(2)(a) of the State Immunity Act 1978 against injunctive relief in respect of a state's non-sovereign activities lay within the range of possible rules consistent with current international standards and was a justified interference with the claimant's right of access to court under Article 6 of the European Convention on Human Rights.

State immunity from anti-suit injunction is not incompatible with Article 6 of ECHR (Court of Appeal)

Practical Law UK Legal Update Case Report w-041-8274 (Approx. 7 pages)

State immunity from anti-suit injunction is not incompatible with Article 6 of ECHR (Court of Appeal)

Published on 02 Jan 2024England, Wales
In UK P&I Club NV and another v Republica Bolivariana de Venezuela [2023] EWCA Civ 1497, the Court of Appeal upheld a decision refusing the claimant a final anti-suit injunction restraining foreign proceedings against it by Venezuela. The privilege in section 13(2)(a) of the State Immunity Act 1978 against injunctive relief in respect of a state's non-sovereign activities lay within the range of possible rules consistent with current international standards and was a justified interference with the claimant's right of access to court under Article 6 of the European Convention on Human Rights.