China Adopts Restrictive Theory of Foreign State Immunity
Conflict of Laws
SEPTEMBER 14, 2023
It is unclear if Chinese courts applying the FSIL will reach the same conclusion. Territorial Tort Exception Article 9 of the FSIL creates an exception to immunity for claims “arising from personal injury or death or damage to movable or immovable property caused by the relevant act of the foreign state in PRC territory.”
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