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Clifford Chance

Clifford Chance


The practical implications of the CFA's decision in Democratic Republic of Congo v. FG Hemisphere Associates LLC

21 June 2011

In March 2010 we reported on the Hong Kong's Court of Appeal (CA)'s
decision in the FG Hemisphere case in which the CA, by a majority
decision (2:1), held that the restrictive approach of state immunity
continued to apply in Hong Kong after the handover of Hong Kong to the
PRC on 1 July 1997.

The Court of Appeal's decision was provisionally overturned by a
majority of the Hong Kong Court of Final Appeal in a judgment handed
down on 8 June 2011. The CFA's judgment1, has generated much
debate in the political, academic and commercial worlds. This briefing
discusses the practical implications of the CFA judgment.

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