Kluwer: Ratification without Resignation: Have London and Canberra Untangled Sovereign Immunity under the New York Convention?

Can a treaty waive something it never mentions? Stripped to its essentials, that was the question posed before the High Court of Australia and the English Court of Appeal, namely, whether a State’s ratification of the New York Convention ("Convention") amounted to a submission to the jurisdiction of foreign Courts in proceedings for the recognition and enforcement of arbitral awards, notwithstanding the Convention’s silence on sovereign immunity.