Jul 01, 2008
“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.