Jul 01, 2008

Effectiveness of Arbitral Awards, State Immunity from Execution and Autonomy of State Entities: Three Incompatible Principles

Abonnieren

Sprung Link Text

 

“Effectiveness of Arbitral Awards, State Immunity from Execution and Autonomy of State Entities: Three Incompatible Principles”, in IAI Series on International Arbitration No. 4, State Entities in International Arbitration, 179 (2008).

In this article, Emmanuel Gaillard discusses the incompatibility between the principles of effectiveness of arbitral awards, State immunity from execution, and autonomy of State entities (i.e., legal persons affiliated with the State), starting with the Cour de cassation’s decision in Creighton v. Qatar. Gaillard argues that all combinations being possible, when any two of these principles are respected the third is necessarily sacrificed.

View Full Text

Autoren und Mitwirkende

Emmanuel Gaillard

Partner

International Arbitration

+33 1 53 89 70 00

+33 1 53 89 70 00

Paris