Kluwer: Is the Last Bastion of State Immunity Under Siege? Some Reflections on the English High Court’s Decision in General Dynamics v Libya

Published on September 12, 2024

By Hannepes Taychayev (Assistant Editor for East and Central Asia) and Gladwin Issac (S&R Associates)

The doctrine of immunity from execution, viewed as the “last bastion of State immunity“, has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While municipal laws on State immunity vary, the dominant view in modern international legal practice is that a State’s consent to arbitration, whether under a treaty or a...

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Kluwer: Evolution of the EU Arbitration Law: From Conflict of Laws Rules to Substantive Requirements

September 11, 2024
By Johannes Landbrecht (Walder Wyss Ltd.)The term “EU arbitration law” may take some getting used to. After all, there is no EU arbitration act that would be comparable to, for instance, the English Arbitration Act 1996 or Chapter 12 of the Swiss Private International Law Act. Regulation (EC) No 593/2008 on the law applicable to contractual obligations (“Rome I Regulation“),... Continue reading

Kluwer: Recognition and Enforcement of Annulled Arbitral Awards: Jurisprudential Developments in Lithuania

September 13, 2024
By Gustas Armalis (Magnusson)Although often seen as theoretical, the recognition and enforcement of annulled arbitral awards remain a fascinating issue in international arbitration. As the text of the New York Convention (“NYC”) provides limited guidance, there has been substantial consideration in both academic commentaries and national court decisions. While global arbitration hubs such as Paris