FG Hemisphere Associates v. Democratic Republic of the Congo

Abstract

State immunity is an important public international law issue to China which places more emphases on state sovereignty in its international law practice. FG Hemisphere Associates LLC v. Democratic Republic of the Congo & Ors therefore is exceptionally important to affirm China's stance on the state immunity doctrine. Once again, as confirmed in this case, the absolute state immunity doctrine is firmly applied in such cases that involve China (including Hong Kong and Macau) unless there is an explicit waiver.

Keywords: Sovereign immunity, restrictive theory, commercial arbitration