State Entities in International Arbitration N°4

States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities have been the subject of many debates. Two types of issues, that have given rise to significant recent developments in both arbitral and domestic case law, are discussed extensively in this volume.

The first issue is whether and under what conditions a State may be held fiable for the conduct of such instrumentalities on the basis of an investment treaty. This issue will be the subject of a systematic survey of ICSID and ICC case law and that of other arbitral tribunals so as to identify the circumstances in which such liability may arise.

The second issue, which is addressed by State courts, is whether and under what conditions State instrumentalities that have a separate and autonomous legal personality may be held fiable for the pecuniary obligations of the State. A comparative law study focusing in particular on solutions found in French, English and U.S. law will provide answers to the question as to whether an award holding a State fiable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.

General Editor : Emmanuel Gaillard.
Emmanuel Gaillard and Jennifer Younan, editors.
Contributors include: Pierre-Marie Dupuy, Ibrahim Fadlallah, Emmanuel Gaillard, Judith Gill, Eugene Gulland, Sigvard Jarvin, Barton Legum, Sébastien Manciaux, Charles Poncet, Eduardo Silva-Romero, Eric Teynier, Judge Peter Tomka.