...began to shift in 2005 with the Foreign Central Bank Property Judicial Immunity Act, which introduced limited immunity for foreign central bank assets—a cautious step toward recognizing restrictive immunity principles....
Search Results for : "Immunity"
...of sovereign immunity with respect to jurisdiction and waivers of sovereign immunity with respect to execution. By entering into investment treaties states have waived their jurisdictional immunity, but the argument...
Sovereign Immunity as a Barrier to the Enforcement of Investor-State ...
Author: Emmanuela Truli* Published: March 2008 Jurisdictions: Czech Republic The Netherlands Topics: Arbitrators and Arbitral Tribunals Immunity of Arbitrators Categories of Disputes Investment Disputes SCC Description: I. INTRODUCTION In the...
Liability v. Quasi-Judicial Immunity Of The Arbitrator: The Case Against ...
Author: Mark W. Levine** Published: July 1995 Topics: Independence and Impartiality Immunity of Arbitrators Description: In recent years, the field of arbitration has witnessed explosive growth and captured the attention...
The Immunity of Arbitrators and the Duty to Disclose* – ...
...principle of state immunity from execution. Another case concerning Russia illustrates well the potential problems regarding state immunity pleas in the execution of investment awards. Sedelmeyer was the sole owner...
State Immunity From Execution in the Collection of Awards Rendered ...
Author: Randy D. Gordon* Published: August 2009 Jurisdiction: International Topics: Commercial Disputes Competition and Antitrust Applicable Law International Litigation Description: INTRODUCTION As arbitration has supplanted litigation as the primary method...
A Question of Fairness: Should Noerr-Pennington Immunity Extend to Conduct ...
Author: Renata Brazil-David* Published: December 2011 Description: I. THE GROWING IMPORTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING A STATE PARTY One of the most remarkable developments in international commercial arbitration is...
International Commercial Arbitration Involving a State Party and the Defense ...
...purpose of sovereign immunity is to promote courtesy and mutual respect between states, and that the application of the sovereign immunity complies to European Convention on Human Rights only if...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...party are exempt from jurisdictional immunity under the FSIA.[9] Section 1605(a)(6) of the FSIA explicitly removes sovereign immunity for foreign states in actions concerning the enforcement of arbitration agreements and...
Devas-Antrix Saga: A New Hope – Amici Curiae Brief
...award. When the award-creditor is forced down that road, the plea of sovereign immunity can sometimes present as a hurdle too big to surmount. The more notorious and long-lasting immunity...
A Liberal Push and The Sovereign Pull: Recognition, Enforcement, and ...
...immunity.’ Institutional arbitral immunity can be said to be rooted in the fact that arbitral institutions are treated as quasi-judicial in nature. Thus, to say that an arbitral institution enjoys...
Time to Tackle the Elephant In the Room? Repeating the ...
...Failure to Arbitrate; Default Formal Requirements Grounds for Refusal of Enforcement Hague Rules on Business and Human Rights Arbitration Hearing HKIAC Human Rights ICC ICCA ICJ ICSID Immunity of Arbitrators...