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===General=== | ===General=== | ||
Waiving [[sovereign immunity]] is a faintly stupid thing to do if your commercial contract happens to be governed by [[English law]], since the [[Sovereign Immunity Act 1978]] [[Sovereign immunity|excludes any immunity of a state to a commercial contract]]. Now, to be sure, there is great opportunity for the [[Chicken Licken]]s of your [[Litigation department]] to pipe up. “What if,” they might say, “the sovereign ''ignores'' your carefully inserted [[exclusive jurisdiction]] clause, and takes action against you in its own court? What then, say ye?” | Waiving [[sovereign immunity]] is a faintly stupid thing to do if your [[commercial contract]] happens to be governed by [[English law]], since the [[Sovereign Immunity Act 1978]] [[Sovereign immunity|excludes any immunity of a state to a commercial contract]]. Now, to be sure, there is great opportunity for the [[Chicken Licken]]s of your [[Litigation department]] to pipe up. “What if,” they might say, “the [[sovereign]] ''ignores'' your carefully inserted [[exclusive jurisdiction]] clause, and takes action against you in its own court? What then, say ye?” | ||
You got me. But hang on a minute: can you really launch an action in your own court and, by the same lights, claim immunity from suit? Is this not having your [[Brexit means Brexit|Brexit]] cake and eating it too?<ref>Apologies for gratuitous Brexit | You got me. But hang on a minute: can you really launch an action in your own court and, by the same lights, claim immunity from suit? Is this not having your [[Brexit means Brexit|Brexit]] cake and eating it too?<ref>Apologies for gratuitous Brexit reference. But [[Brexit means Brexit]].</ref> And even if it isn’t<ref>SIT DOWN AT THE BACK with all your talk about counterclaims and enforcement of judgments.</ref> we are talking here about a [[sovereign]] who has, with the complicity of its own court system, ''already ignored one term of your [[contract]]'' ([[exclusive jurisdiction]]). Why would it respect the rest any way? | ||
{{sovereign immunity in master agreements}} | |||