Foreign State Immunity And Arbitration

In State Immunity and Arbitration the author explores the limits of the concept of State Immunity as it relates to both jurisdiction and execution against state property in arbitration cases. The current scope of state immunity from jurisdiction is examined with reference to legislative and jurisprudential developments in the US and UK where the author finds evidence of a definite shift away from the traditional restrictive theory of state immunity. A similar survey of state practice relating to waiver, both express and implied, of immunity from jurisdiction and the relevant rules of arbitration institutions such as the ICC also illustrate a trend towards shrinking immunity.

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

If Lauterpacht, writing back in 1950, warned about the changing landscape of the law of immunities due to the increased activities of the state in the economic sphere, English courts have never been so busy with regards to the enforcement of foreign arbitral awards against sovereign states today. As foreign direct investment grows, so too does the number of disputes between states and investors. Increasingly these disputes are resolved by international arbitration proceedings but once resolved, the enforcement of awards against states brings its own challenges. Whilst enforcement of arbitral awards should be 'almost a matter of administrative procedure' (to use the language of PetroChina International (Hong Kong) Corp Ltd [2011]), immunities remain to some, a 'hurdle', adding complexity to that process. This book gives the reader the key to understanding the principles governing such a notion in the context of enforcement of arbitral awards. This is the first systematic treatment of the jurisprudence relating to award enforcement against foreign states in England. It provides comprehensive examination of the principles and case-law relating to state immunity in the context of enforcement of international arbitral awards before English courts. It addresses questions such as: What are the principles governing the enforcement of international awards against sovereigns in England? How does the distinction between jurisdictional immunity and enforcement immunity operate in this context? What are the precise contours of such legal notions when they are put into motion by means of procedure? What is the practice of English courts in that regard? This book also covers the complexities arising from enforcement proceedings in other jurisdictions and their relation to proceedings in England. Authored by an expert with unique insight into immunities both as a practising barrister and as an academic, this is an essential resource for anyone interested or involved in enforcement proceedings during which state immunity is invoked.

The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.

The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

This book examines the history and development of diplomatic and state immunity, state debt and pre- and post-judgement measures.It defines what a state debt is and what may be excluded. It further makes a distinction between public and private acts of the State, and explains the current jurisprudential developments with respect to the activities that a State may be excepted jurisdiction, prosecution and enforcement action against her.Using cases from the US and the EU, this book analyses the judicial interpretation and decisions of Treaties, Conventions and Statutes developed over the past 2 centuries. The book considers institutionalised and non-institutionalised arbitration and judicial means of dispute resolution, with cases brought before State courts and arbitration under the Bank of International Settlement.Finally, this book is suitable for academicians, professionals, students of the law business and finance, administrators, and anyone who might be curious about sovereign immunity.

In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.