header-logo header-logo

The Foreign Act of State doctrine: in the hot seat

108867
Does the Foreign Act of State doctrine apply at all when the foreign state itself seeks adjudication? Joseph Dyke & Anastasia Medvedskaya explore a tricky question for the English courts
  • The Foreign Act of State doctrine acts as a bar to the exercise of the English courts’ adjudicative jurisdiction.
  • Previous decisions had been clear that, if the doctrine was engaged by a case’s subject matter, it was not legally capable of being waived.
  • The Commercial Court has found that the doctrine does not apply in circumstances where it is a foreign state that positively seeks the English courts’ adjudication.

When it is engaged, the Foreign Act of State doctrine (FAOS) is a substantive bar to the English courts’ adjudicative jurisdiction. Cases concerning FAOS often have important political content (or ramifications), and thus it can sometimes have controversial results. But does FAOS apply at all when the foreign state itself seeks adjudication?

In Federal Republic of Nigeria v JPMorgan Chase Bank NA [2022] EWHC 1447 (Comm), [2022] All ER (D) 52

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll