Sentences with phrase «as waivers of immunity»

Moreover, within the framework of many IIAs, the age - old issue of sovereign immunity may be circumvented as waivers of immunity are often expressly agreed in the IIA itself.

Not exact matches

There are exceptions to the public duty doctrine, as well as other waivers of sovereign immunity that allow the state to be sued in the event of an injury.

The agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself is sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

Moreover, the 2004 UN Convention on Jurisdictional Immunities of States and their Property, to which neither the UAE, nor Iraq or the FRI are party, represents current international thinking at the time of the Contract and now, provides that waiver of suit and execution can be effective in a written contract as well as a submission in the face of the court.

The Court's own reasoning appears at paragraph 392 where it is said that the rationale of immunity remains the par in parem principle and that «the common law rule as to waiver is consonant with elementary good sense by requiring an unequivocal submission to the jurisdiction of the forum state at the time when the forum's state's jurisdiction is invoked against the impleaded state.

Time will tell if the KRG behaves as it should in accepting such service, without recourse to Article 10 in the light of the waiver of immunity which I have found to be fully effective.

The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine such questions, falls away once it is seen that waiver of immunity is a question to be determined by the judiciary as part of the contractual and procedural law of the DIFC.

Like the enforcement of a judgment, the enforcement of an Award as a result of a waiver of immunity is based on consensual obligations undertaken in a commercial contractual context.

In my judgment, there is no way of escaping the width of the waiver provisions, which specifically refer to the assets of the KRG and, as is accepted, of the KRI also, and can only be taken therefore to include a waiver of immunity from execution as well as suit.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

As I have decided in favour of the Claimants on the waiver of any sovereign or state immunity, that is a point which has now gone and had I determined that alternative service was permissible, the setting aside of the orders for non - disclosure would lack any utility.

No provision of this section, or of any other section of the Florida Statutes, whether read separately or in conjunction with any other provision, shall be construed to waive the immunity of the state or any of its agencies from suit in federal court, as such immunity is guaranteed by the Eleventh Amendment to the Constitution of the United States, unless such waiver is explicitly and definitely stated to be a waiver of the immunity of the state and its agencies from suit in federal court.