Abstract:
This paper seeks to examine the tension that arises between the sovereign
immunity of states and the execution of arbitral awards against sovereign states. This is
specifically examined in the context of Democratic Republic of Congo v FG Hemisphere
Associates LLC [2011] HKEC 747, where the Hong Kong Court of Final Appeal found
that Hong Kong is bound to apply the doctrine of absolute sovereign immunity, consistent
with the policy applied in the People’s Republic of China. The effect of this was to
prevent FG Hemisphere Associates LLC from enforcing the awards that had been
rendered against the Democratic Republic of the Congo in previous ICC arbitrations.
This paper progresses through an examination of the scope of the international
commercial arbitration regime and the theory of sovereign immunity at international law.
It addresses many issues that arise in the context of this case and the enforcement of
international commercial arbitration awards more generally, through the interplay of the
international arbitration regime and the doctrine of sovereign immunity.
