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Effectiveness of Arbitral Awards, State Immunity from Execution and Autonomy of State Entities - Three Incompatible Principles - Part 2, Chapter 6 - State Entities in International Arbitration

Author(s): 
Emmanuel Gaillard
Page Count: 
17 pages
Media Description: 
PDF from "State Entities in International Arbitration"
Published: 
June, 2008
Jurisdictions: 
International
Practice Areas: 
Arbitral Awards,
Effects,
International Institutions and Rules,
Sovereign Immunity,
States as Parties
Author Detail: 

Emmanuel Gaillard is the Chairman of the IAI, and he is acknowledged as one of the world’s leading experts on international arbitration. He has written extensively on all aspects of international arbitration law, in French and in English. He is a co-author of Fouchard Gaillard Goldman on International Arbitration, the leading and most exhaustive publication in this field. Emmanuel Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as arbitrator, counsel and expert in over 250 international arbitration proceedings and is the Chair of Shearman & Sterling’s International Arbitration practice.

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Originally from State Entities in International Arbitration

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The decision rendered by the French Cour de cassation on July 6, 2000 in Creighton v. Qatar has had the merit of renewing the thinking on the relationship between arbitration law and the law of State immunities. In overruling the Paris Court of Appeals decision ordering the reinstatement of the State of Qatar’s assets seized in France as a result of two ICC awards, the Cour de cassation held that:

[T]he obligation entered into by the State by signing the arbitration agreement to carry out the award according to Article 24 of the International Chamber of Commerce Arbitration Rules [now Article 28(6) of the Rules in force as of January 1, 1998] implies a waiver of the State’s immunity from execution.1