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50 - Enforcement Against States and State Entities
from Part X - Post-Award Issues
- By Stefan Kröll
Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
Book:

Cambridge Compendium of International Commercial and Investment Arbitration

Published online:

18 February 2023

Print publication:

02 March 2023, pp 1543-1590
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Summary

States and State Entities are important players in international business and thus also often parties to arbitration proceedings and debtor of award. Unlike the property of private parties, the property of state parties may be immune from execution. The entry discusses the various concepts of immunity which may be relevant for the enforcement of awards, both at the stage of preparatory proceedings in having the award declared enforceable or registered (immunity from jurisdiction) and its actual enforcement by execution into the property of the state entity (immunity from execution). After describing the developments and the legal sources it sets out the various approaches adopted, the distinctions to be made and the special concepts of immunity which apply to certain assets. In presenting the approaches adopted a certain focus is laid on the law in important enforcement states such as the US, GB and France.