Sovereign Immunity is Not Absolute | ZFZ Postcard Cases
Venezuela brought an action in the courts of Dutch Curacao and Venezuela basis its patrol ship sank after colliding with a cruise liner.
This was contrary to the cruise liner’s Club rules requiring London arbitration. The Club brought an anti-suit injunction.
The English court found that Venezuela was subject to its jurisdiction as well as the arbitration clause – no adjudicative immunity was found.
The court, though, found that an anti-suit injunction could not be granted due to Venezuela’s enforcement immunity. Although section 13(2)(a) of the SIA deprived the Club of a remedy otherwise available to it the response was appropriate. The Club could seek damages for the breach.
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