Subjects:

Arbitration and Dispute Resolution

Contents:

Part I Introduction

1 Overview

2 Restrictive Doctrine of Foreign State Immunity

3 The Relevance of State Immunity and Arbitration

Part II Arbitration and Immunity from Jurisdiction: Analysis of the practice in the United States

4 Jurisdictional Connection and Subject Matter Jurisdiction

5 Personal Jurisdiction

Part III Arbitration and Immunity from Execution

6 Waiver of Immunity from Execution

7 Waiver of Immunity from Execution: the Enforcement of the Arbitral Award

Part IV Immunity from Execution and Property of a Foreign State

8 Immunity from Execution: Bank Account of a Foreign State

9 Specially Protected Property

10 Required Connections with Property

Part V Conclusion

11 Concluding Remarks

In Foreign 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.