Jump to Content Jump to Main Navigation

Part III Proceedings in which State Immunity cannot be Invoked, Article 10

Stephan Wittich

From: The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary

Edited By: Roger O'Keefe, Christian J. Tams

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Immunity from jurisdiction, states — Treaties, application — Treaties, interpretation — Treaties, scope (temporal and territorial)
The term ‘immunity’ in article 10 is to be understood in the context of the present Convention as a whole. Article 10, paragraph 3, does not prejudge the question of ‘piercing the corporate veil’, questions relating to a situation where a State entity has deliberately misrepresented its financial position or subsequently reduced its assets to avoid satisfying a claim, or other related issues. Pursuant to Article 10 of the Convention, a State cannot invoke immunity from foreign proceedings ‘arising out of [a] commercial transaction’. Article 10 must be read in...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.