Publication Type
Working Paper
Version
publishedVersion
Publication Date
2-2018
Abstract
This seminar paper examines the concept of state immunity in the context of investor-State arbitration. In the majority of cases, states adhere to investment awards. However, when a state refuses to comply, investors may pursue enforcement proceedings in national jurisdictions. Despite attempts, enforcing awards has proven challenging, often due to rules on state immunity from execution. The cases of Franz Sedelmayer v. Russia and of Yukos shareholders v. Russia exemplify these challenges of investor-State arbitration. The present seminar paper analyzes the obstacles of state immunity from execution in investor-State arbitration enforcement, and revisits to what extent international law and current State practice allows for exceptions to State immunity from execution. Divided into three parts, it presents the applicable enforcement rules, discusses key questions regarding state immunity, and explores alternative solutions for non-payment scenarios, each with its own drawbacks.
Keywords
ISDS, investment arbitration, enforcement of awards
Discipline
Dispute Resolution and Arbitration
Areas of Excellence
Growth in Asia
First Page
1
Last Page
32
Publisher
SSRN
Citation
SCHACHERER, Stefanie.
State immunity and the execution of investor-state arbitration awards. (2018). 1-32.
Available at: https://ink.library.smu.edu.sg/sol_research/4735
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4819620