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ARTICLE · 13 NOVEMBER 2023

Case Focus: Astalia Vs Octavia

International law outlines the criteria for being a sovereign state and emphasises features such as a permanent population, defined territory, an independent government, and the capacity to engage...

United Arab EmiratesLitigation, Mediation & Arbitration

Written for the Oath Magazine, the following case focus provides commentary on the high profile cross-border legal feud between Astalia Investment Limited and Octavia Limited.

International law outlines the criteria for being a sovereign state and emphasises features such as a permanent population, defined territory, an independent government, and the capacity to engage in international relations with other sovereign states.

One essential aspect of sovereignty is the principle of 'exclusivity of jurisdiction', which asserts that decisions made by a sovereign state within its territorial borders should not be challenged by another sovereign state or entity. Thus, the process of recognising and enforcing foreign judgments or arbitration awards must be dealt with in a prudent and sensitive manner.

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