Although some might have considered 2019 a bit “lackluster”, a number of noteworthy decisions by the Paris Court of Appeal and French Supreme Court have come to refine on the now well-established…
Introduction
The issues pertaining to “sovereign immunity” in international arbitration are not new. Nevertheless, several aspects remain unresolved. Sovereign immunity from execution is said to be …
Introduction
This short note briefly touches upon two enforcement issues pertaining to third-party funding in international arbitration, one more ventilated than the other. It is hoped that our…
A recent ruling of the DIFC Court of First Instance (see Claim No. ARB 003/2017 – Pearl Petroleum Company Limited & Others v. The Kurdistan Regional Government of Iraq [2017] DIFC ARB 003) deals with…
In the context of investor-state dispute resolution in The Netherlands, the Yukos case has recently captured the spotlight in the global arbitration arena and beyond. While much of the attention has…
The fact that foreign States are normally entitled to immunity from enforcement before national jurisdictions pursuant to customary international law, has always been the stumbling block in the…
James Crawford described the principle of state immunity as "…a rule of international law that facilitates the performance of public functions by the state and its representatives by preventing them…
An arbitration can be severely disrupted by a party who refuses to comply with an order or direction of its tribunal. In such circumstances, a peremptory order may be used to force the non-compliant…
