Foreign State Immunity and Arbitration

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Cameron May, 2007 - Arbitration (International law) - 433 pages
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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.
 

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Contents

Overview
59
Restrictive Doctrine of Foreign State Immunity
65
B The Restrictive Immunity
69
The Relevance of State Immunity and Arbitration
79
B Immunity from Execution
92
C Problems of State Immunity in Practice
96
Arbitration and Immunity from Jurisdiction Analysis of the Practice in the United States
105
Jurisdictional Connection and Subject Matter Jurisdiction
107
A International Conventions on Arbitration
222
B Institutional Arbitration Rules
236
Immunity from Execution and Property of a Foreign State
257
Immunity from Execution Bank Account of a Foreign State
259
B Enforcement of Arbitral Awards against the Property of a Foreign State
262
an Embassy Bank Account
264
Specially Protected Property
299
A Diplomatic Property
300

A The Requirement of Jurisdictional Nexus
108
B Immunity and Jurisdiction
121
C Subject Matter Jurisdiction and Arbitration
125
Personal Jurisdiction
143
B Establishing Personal Jurisdiction
147
C Unresolved Problems in Establishing Personal Jurisdiction and The FSIA
149
D Waiver Exception Arbitration Exception and Personal Jurisdiction
174
Arbitration and Immunity from Execution
185
Waiver of Immunity from Execution
187
General Observation
189
Authority to Waive
190
C The Extent of an Express Waiver and a Prejudgment Attachment
194
D Implied Waiver
203
The Separate Regime of Immunity from Jurisdiction and Immunity from Execution
206
Waiver of Immunity from Execution the Enforcement of the Arbitral Award
219
B Military Property
302
C Central Bank Property
303
D Cultural Heritage
314
Required Connections with Property
317
A US Law
318
B French Law
322
C International Conventions
324
Conclusion
335
Concluding Remarks
337
Appendices
347
Bibliography
395
Index
413
About the Author
433
Copyright

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