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Part III Proceedings in which State Immunity cannot be Invoked, Article 17

Kate Parlett

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: 22 September 2023

Immunity from jurisdiction, states — Effectiveness, principle of — Treaties, application — Arbitral agreements
If a State enters into an agreement in writing with a foreign natural or juridical person to submit to arbitration differences relating to a commercial transaction, that State cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a proceeding which relates to: unless the arbitration agreement otherwise provides. The expression ‘commercial transaction’ includes investment matters. Where two parties have agreed to settle a dispute by arbitration, one or both of them may end up bringing proceedings in the courts of...
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