GAR (Global Arbitration Review) is the world's leading international arbitration journal and news service. GAR provides breaking news, daily updates and in-depth monthly features covering international arbitration in countries around the world. GAR also features guest commentary and articles from the world's leading international arbitration practitioners.
Enforcing arbitral awards against States or State Entities
Summary: The article underlines the challenges parties might face when seeking to enforce and execute arbitral awards against States or State entities. Whilst Foreign States in most jurisdictions, are granted certain immunities when proceedings are brought against the State before courts of another State, in this article we highlight the limits of such immunity. Another crucial argument that might be brought up by States, is that the State entity party to an arbitration agreement, did not have the power to arbitrate on behalf of the State. Additionally, there are a number of procedural formalities parties might face when seeking for enforcement, including limitation periods for enforcing awards discussed in this article.