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.

For further info, reach out to Eva-Maria Mayer. For the full decision, click here.