IMMUNITY DEFENCES IN ENFORCEMENT PROCEEDINGS CONCERNING AWARDS RENDERED IN INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING STATES AND STATE ENTITIES

被引：0

作者：

Garnuszek, Anita ^{[1
]}

机构：

[1] Univ Warsaw, Fac Law & Adm, Dept Int Private & Commercial Law, Wybrzeze Kosciuszkowskie 47, Warsaw, Poland

来源：

COFOLA INTERNATIONAL 2016: RESOLUTION OF INTERNATIONAL DISPUTES, PUBLIC LAW IN THE CONTEXT OF IMMIGRATION CRISIS | 2016年 / 562卷

关键词：

International Commercial Arbitration; State Entities in Arbitration; Enforcement Proceedings;

D O I：

暂无

中图分类号：

C921 [人口统计学];

学科分类号：

摘要：

Issue of state immunity against enforcement of arbitral awards in investment arbitration has always raised many concerns, especially among investors who could not be certain, whether they would receive what has been awarded to them by the arbitral tribunal. However, the purpose of this paper is to answer the question whether immunity defence may be similarly invoked in enforcement proceedings concerning awards rendered in international commercial arbitration involving states and state entities. Thus, the author will examine, whether both the state itself and/or a state entity, may rely on their immunity against execution, if they participated in international commercial arbitration. The general conclusion of the author is that in some instances such a possibility is ensured.

引用

页码：38 / 54

页数：17