Arbitration Immunity

Arbitration Immunity in the United States

Arbitration State Immunity

Arbitration Sovereign Immunity

According to research about Arbitration Immunity from the Federal Judicial Center:Under § 1605(a)(6), a foreign state, agency, or instrumentality is not immune from the jurisdiction of U.S. courts in any proceeding to enforce an arbitration agreement made by a foreign state (with or for the benefit of a private party) or to confirm an arbitration award pursuant to such an agreement if (A) the arbitration takes place, or is intended to take place, in the United States, (B) the agreement or award is (or may be) governed by a treaty or international agreement in force for the United States which calls for the recognition and enforcement of arbitral awards, or (C) the underlying claim could have been brought in a U.S. court but for the agreement to arbitrate or if the foreign state has waived its immunity. 177 Courts have utilized § 1605(a)(6), which was added in 1988, to exercise jurisdiction over foreign states in proceedings to enforce arbitration agreements and to recognize and enforce arbitral awards under the U.N. Convention on the Recognition and Enforcement of Arbitral Awards (“New York Convention”)178 as well as the Inter-American Convention on International Commercial Arbitration (“Panama Convention”).179 In contrast, courts have applied a waiver theory to the enforcement of awards against foreign states under the International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID” or “Washington Convention”). Suits to enforce arbitral awards against foreign sovereigns may be subject to dismissal on forum non conveniens grounds.

Arbitration Immunity

Arbitration Immunity in the United States

Arbitration State Immunity

Arbitration Sovereign Immunity

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