Enforcement of Arbitral Awards Against Sovereigns

Enforcement of Arbitral Awards Against Sovereigns
Author: R. Doak Bishop
Publisher: Juris Publishing, Inc.
Total Pages: 506
Release: 2009-09-01
Genre: Law
ISBN: 1933833297

The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.

The Netherlands, Switzerland, Czech Republic, Slovakia, Malta, Latvia

The Netherlands, Switzerland, Czech Republic, Slovakia, Malta, Latvia
Author: Wolfgang Faber
Publisher: Walter de Gruyter
Total Pages: 599
Release: 2010-12-23
Genre: Law
ISBN: 3866539231

This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This sixth volume of the series presents "up-to-date" national reports of - The Netherlands - Switzerland - Czech Republic - Slovakia - Malta - Latvia

The Worlds of the Trust

The Worlds of the Trust
Author: Lionel Smith
Publisher: Cambridge University Press
Total Pages: 585
Release: 2013-08-22
Genre: Law
ISBN: 1107032431

This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.

Comparative Law of International Arbitration

Comparative Law of International Arbitration
Author: Jean-François Poudret
Publisher: Sweet & Maxwell
Total Pages: 992
Release: 2007
Genre: Arbitration (International law)
ISBN: 0421932104

Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by