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Vol 21 No 9 Sept/Oct 2016

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State Entities in International Arbitration

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Edited by: Emmanuel Gaillard, Jennifer Younan

ISBN13: 9781929446964
Published: June 2008
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00

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States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law.

The first is whether and under what conditions a State may be held liable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise.

The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.

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Arbitration and Dispute Resolution
Introduction, Emmanuel Gaillard
Part I: Are States Liable for the Conduct of their Instrumentalities?
Introductory Remarks, Judge Peter Tomka; ICSID Case Law, Ibrahim Fadlallah; ICC Case Law, Eduardo Silva-Romero; Case Law of Tribunals Other than ICC and ICSID, Barton Legum;Concluding Remarks, Pierre-Marie Dupuy; Discussion
Part II: Can a Party Benefiting from an Award Rendered Against a State Enforce the Award Against an Instrumentality of Such State?; Introductory Remarks, Charles Poncet; French Law, Eric Teynier; English Law, Judith Gill; U.S. Law, Eugene Gulland; Concluding Remarks, Sigvard Jarvin; Discussion; Effectiveness of Arbitral Awards, State Immunity from Execution and Autonomy of State Legal Entities – Reflections on Three Incompatible Principles, Emmanuel Gaillard

Annex 1: Draft articles on Responsibility of States for Internationally Wrongful Acts, adopted by the International Law Commission at its fifty-third session (2001) (excerpts)
Annex 2: United States Act on Jurisdictional Immunities of Foreign States
Annex 3: ICSID Case No. ARB/03/3, Noble Ventures v. Islamic Romania, Award, October 12, 2005
Annex 4: ICSID Case No. ARB/03/3, Impregilo S.p.A. v. Islamic Republic of Pakistan, Decision on Jurisdiction, April 22, 2005; Annex 5: Paris Court of Appeals, Winslow Bank & Trust Company Limited v. Société Nationale des Hydrocarbures, January 22, 2004; Annex 6: Paris Court of Appeals, Central Bank of Iraq v. Hochtief AG, September 1, 2005;
Annex 7: Paris Court of Appeals, Société Nationale des Pétroles du Congo v. S.A. Walker International Holdings Ltd., July 3, 2003
Annex 8: Cour de Cassation, Noga v. EADS, May 12, 2004
Annex 9: U.S. Supreme Court, First National City Bank v. Banco para el Comercio Exterior de Cuba, June 17, 1983

Series: IAI International Arbitration

Fifteen Years of NAFTA: Section 11 Arbitration ISBN 9781933833767
Published September 2011
Juris Publishing
The Review of International Arbitral Awards ISBN 9781933833330
Published June 2010
Juris Publishing
Precedent in International Arbitration ISBN 9781933833149
Published June 2008
Juris Publishing
Anti-Suit Injunctions In International Arbitration ISBN 9781929446605
Published March 2005
Juris Publishing
Annulment of ICSID Awards ISBN 9781929446612
Published July 2004
Juris Publishing