Introduction

Against the backdrop of the Belt & Road Initiative and more Chinese state-owned enterprises (“SOEs”) going outbound, if you are a prudent stakeholder, you are possibly concerned about whether you have a probable path to judicial resolution of recovery from an SOE in case there is any dispute. It can be confusing whether SOEs qualify for state immunity.  In this article we consider this issue in light of the practice in the United Nations Convention on Jurisdictional Immunities of States and Their Property (the “UN Convention”), the People’s Republic of China (the “PRC”), Hong Kong SAR, the United States (the “US”), and the United Kingdom (the “UK”). Continue Reading Do state-owned enterprises enjoy sovereign immunity?