Sovereign Immunity And The Execution Of Arbitral Awards Against Sovereign States
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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.
Author | : Katia Fach Gomez |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 512 |
Release | : 2019-03-22 |
Genre | : Law |
ISBN | : 9403501359 |
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
Author | : Tom Ruys |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-04-30 |
Genre | : Law |
ISBN | : 110828499X |
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Author | : Emmanuel Gaillard |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 622 |
Release | : 2008 |
Genre | : Law |
ISBN | : 1929446969 |
States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law. The first is whether and under what conditions a State may be held liable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise. The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.
Author | : John William Rowley |
Publisher | : |
Total Pages | : 779 |
Release | : 2021 |
Genre | : Arbitration agreements, Commercial |
ISBN | : 9781838625757 |
Author | : Christoph Schreuer (juriste) |
Publisher | : Cambridge University Press |
Total Pages | : 1599 |
Release | : 2009 |
Genre | : Arbitration and award |
ISBN | : 0521885590 |
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Author | : Roger O'Keefe |
Publisher | : Oxford University Press |
Total Pages | : 508 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199601836 |
Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : Catharine Titi |
Publisher | : Springer Nature |
Total Pages | : 205 |
Release | : 2021 |
Genre | : Conflict management |
ISBN | : 3030589161 |
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Author | : Julien Fouret |
Publisher | : |
Total Pages | : 0 |
Release | : 2021 |
Genre | : Business & Economics |
ISBN | : 9781787423497 |
The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before. Spearheaded by leading arbitration practitioner, Julien Fouret, this second edition brings together more than 70 experts to provide substantive analysis of recurring iss