State immunity

State immunity

This subtopic provides guidance on the issue of state immunity and arbitration. The subtopic provides guidance on general considerations around state immunity as well as in depth Practice Notes covering state immunity within jurisdictions such as France, Switzerland, China, Singapore, India and Morocco.

Practitioners may also find the following content useful:

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International arbitration—enforcing international arbitral awards—overview
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Understanding investment treaty arbitration—overview
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see Precedent: Waiver of state immunity clause—England and Wales

State immunity and arbitration—general considerations

This Practice Note considers the general principles of state immunity (also called sovereign immunity), the scope of state immunity, state immunity from jurisdiction and state immunity from execution and gives practical steps that should be considered when dealing with state immunity in the context of international arbitration. It also considers transactions with foreign states.

For more information:

•
see Practice Note: State immunity and arbitration—general considerations
•
see Precedent: Waiver of state immunity clause—England and Wales

State immunity and arbitration in Europe

State immunity and arbitration in Austria

This Practice Note discusses the role of state immunity in arbitration proceedings, and as a defence to enforcement

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