The appellant republic appealed against an order allowing the enforcement against it of a judgment obtained in the US by the claimant. There is no treaty between the US and the UK for the mutual recognition and enforcement of judgments, and an action must be brought on the judgment. The action pleaded the waiver of state immunity in the underlying loan agreement being enforced. The respondent argued that the waiver only applied to the application of New York or Argentina.
Held: The appeal succeeded. The court had no jurisdiction to enforce the judgement and a new action must be raised. No rule has ever existed allowing the issue and service out of the jurisdiction of all claims of whatever nature against a foreign state. There was no sufficient pleading or evidence to say that the respondent had submitted to the jurisdiction or had waived immunity.
Lord Justice Mummery, Lord Justice Aikens and Lord Justice Elias
[2010] EWCA Civ 41, Times 07-May-2010, [2010] 1 CLC 38, [2010] 2 All ER (Comm) 1206, [2010] 3 WLR 874, [2010] 2 Lloyd’s Rep 442, [2011] 1 QB 8
Bailii
Civil Jurisdiction and Judgments Act 1982, State Immunity Act 1978
England and Wales
Citing:
Cited – AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria QBD 13-Jun-2003
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act . .
Appeal from – NML Capital Ltd v The Republic of Argentina ComC 29-Jan-2009
The defendant state sought to prevent the company enforcing a judgment entered against it in the USA.
Held: Where the judgment was properly obtained, a claim of sovereign immunity would not operate to allow avoidance of an enforcement of the . .
Cited by:
Appeal From – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 11 December 2021; Ref: scu.396602
