Foreign State Immunity and ArbitrationCameron May, 2007 - 433 lappuses 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. |
Saturs
Preface | 11 |
5589 | 17 |
69 | 29 |
2008 | 35 |
B Immunity and Jurisdiction | 121 |
Personal Jurisdiction | 136 |
Waiver of Immunity from Execution | 187 |
the Enforcement of | 219 |
Bank Account of a Foreign | 259 |
Specially Protected Property | 299 |
Required Connections with Property | 317 |
Concluding Remarks | 337 |
Appendices | 347 |
Bibliography | 395 |
413 | |
About the Author | 433 |
Bieži izmantoti vārdi un frāzes
2nd Cir according agreement to arbitrate apply arbitral award arbitration agreement arbitration rules Australian FSIA central bank clause commercial activity commercial purposes commercial transaction constitutional due process contract Corp Cour de Cassation Court of Appeal Creighton DC Cir DCDC decision District Court embassy bank account enforcement of arbitral entity Eurodif F 2d F 3d Foreign Sovereign Immunities foreign State defendant Foreign State Immunity Fox n French Cour funds Government ICC Rules ICSID immunity from execution immunity from jurisdiction implicit waiver implied waiver international agreement international law issue judgment Jurisdictional Immunities measures of execution minimum contacts Nigeria Paris Court personal jurisdiction private parties Qatar recognition and enforcement relating Report on Jurisdictional requirement respect SDNY service of process subject matter jurisdiction submission Swiss Federal Tribunal territory UK SIA undertaking to arbitrate United Kingdom Vienna Convention vol II pt waived its immunity waiver of immunity Ybk ILC vol York Convention