Immunities and States’ Alter Egos

Comparing the approach to the alter ego doctrine in the United States (US) with approaches taken, in the United Kingdom (UK), Canada, Switzerland and Australia reveals that courts in the US, tend to follow a stringent framework based on a set of factors. By contrast, other jurisdictions, undertake a broad ‘control and functions’ analysis. The Gécamines judgment in the UK has, strengthened the presumption of separate status to a greater degree than seen elsewhere. Moreover,, the UK relies on a matching up of liability and immunity, whereas the US appears to be more, concerned with equity in terms of, for example, the foreign state not benefiting unfairly in the US, legal system. These variations are significant given the huge assets concentrated in state-owned, entities and the question of their availability to satisfy debts owed by the state.