Sovereign Immunity from Execution and International Arbitration : Theory and Practice.

Format:

Book

Author/Creator:

Dautaj, Ylli.

Series:

International Arbitration Law Library

Language:

English

Subjects (All):

Immunities of foreign states.

International commercial arbitration.

Physical Description:

1 online resource (276 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2025.

Summary:

This book, authored by Dr. Ylli Dautaj, provides an in-depth analysis of sovereign immunity from execution within the context of international arbitration. It examines the intersection of arbitration, sovereign immunity, and international investment law, exploring challenges and solutions related to enforcing arbitral awards against state parties. The book employs a comparative approach, analyzing domestic and international case law, conventions, and customary international law across jurisdictions such as the United States, United Kingdom, China, France, India, Russia, and Sweden. It also discusses legislative, procedural, market-based, and norms-based solutions to address immunity issues. Written for advanced legal practitioners and academics, the text contributes significantly to understanding the complexities of maintaining a balance between rule-based enforcement and sovereign immunity in global arbitration disputes. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

About the Author

Table of Contents

Foreword

Preface

Acknowledgment

CHAPTER 1 Introduction: Sovereign Immunity from Execution and International Arbitration

§1.1 INTRODUCTION

§1.1.1 Illustrating the Crux of the Matter

§1.1.2 Research Question(s) and Problem Formulation

[1] Research Problem

[2] Research Question

[3] Why Should the Reader Care?

§1.2 METHODOLOGY AND TYPOLOGY

§1.2.1 Doctrinal Methodology

§1.2.2 Comparative Methodology and Typology

[1] Selection Criteria

[2] Comparative Elements and Elaborating a Typology

§1.2.3 Non-legal, Non-methodological Study

CHAPTER 2 Final, Binding, and Directly Enforceable Arbitral Awards & Sovereign Immunity

§2.1 INTRODUCTION

§2.1.1 Background to the Enforcement Conventions and the Expectation of Voluntary Compliance

§2.1.2 Background to the Enforcement Conventions and the Obstacle of Sovereign Immunity

§2.2 INVESTOR-STATE ARBITRATION: ENFORCING PRIVATE INTERESTS AND THE GLOBAL RULE OF LAW

§2.2.1 International Arbitration and Award Enforcement: ITA/ISDS

[1] ITA: History and Background

[2] The New York Convention Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

94-035-0868-X

OCLC:

1525619345