State Entities in International Arbitration

Price: $125.00 620 pages. 1 Hardcover Volume. Appendices. Index. Published June 2008
ISBN-13: 978-1-929446-96-4

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Table of Contents

IAI Series No. 4

The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration.

About the IAI:
The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de l’Arbitrage (CFA), was created to promote exchanges international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects.

About the Book:
States get involved in international affairs either directly or through their instrumentalities. The activities of these instrumentalities raise many issues, two of which have given rise to significant recent developments both in arbitral and domestic case law.

The first is whether and under what conditions a State may be held liable 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 liable 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 liable may be enforced against the assets of instrumentalities of that State, where such instrumentalities are prima facie separate juridical persons.

About the General Editor:
Emmanuel Gaillard is the Chairman of the IAI, and he is acknowledged as one of the world’s leading experts on international arbitration. He has written extensively on all aspects of international arbitration law, in French and in English. He is a co-author of Fouchard Gaillard Goldman on International Arbitration, the leading and most exhaustive publication in this field. Emmanuel Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as arbitrator, counsel and expert in over 250 international arbitration proceedings and is the Chair of Shearman & Sterling’s International Arbitration practice.

About the Editors of State Entities In International Arbitration:
Emmanuel Gaillard (See Above) and Jennifer Younan Attorney with Shearman & Sterling, International Arbitration Practice Group, Paris

About the Contributors:

• Pierre-Marie Dupuy, Professor of Law, University of Paris II, currently Professor at the European University Institute in Florence; Professor Dupuy is a former Director of the Paris Institute for Advanced International Studies (1990-2000). He also was Visiting Professor at the Universities of Michigan, Geneva, Munich, Madrid (Complutense) and Duke University. He has sat as an arbitrator in proceedings under the aegis of the ICC and ICSID. He has advised numerous parties in proceedings before the International Court of Justice, as well as governments and international organizations on issues of public international law.
• Ibrahim Fadlallah, Emeritus Professor of Law, University of Paris X; Professor Fadlallah has acted as arbitrator or counsel in numerous arbitration proceedings, ad hoc and under the Rules of the ICC, ICSID, the French Arbitration Association, and the European Development Fund. He is a former Member of the ICC International Court of Arbitration and a Member of the Council of the ICC Institute of World Business Law. He is also a Founding Member of the Euro-Arab Forum on Arbitration and a member of the International Law Institute.
• Emmanuel Gaillard, Shearman & Sterling LLP, Paris (See Above)
• Judith Gill, Partner, Allen & Overy LLP, London; Judith Gill has acted as arbitrator in international arbitration proceedings under the Rules of the ICC and LCIA. She has also advised numerous parties in arbitration proceedings, mostly international, ad hoc (including UNCITRAL) and under the Rules of the LCIA, ICC, ICSID, the International Arbitral Centre of the Austrian Federal Economic Chamber, SIAC, DIS, and the Hungarian Chamber of Commerce.
• Eugene Gulland, Partner, Covington & Burling, Washington, DC; Eugene Gulland has handled numerous international arbitration proceedings as counsel, ad hoc (including UNCITRAL) and under the Rules of the AAA (International Rules), ICC, LCIA, ICSID, and the CPR Institute for Dispute Resolution. He has also acted as counsel in a number of arbitration-related proceedings before U.S. courts.
• Sigvard Jarvin, Of Counsel, Jones Day, Paris; Sigvard Jarvin formerly was General Counsel at the ICC International Court of Arbitration. He has acted as arbitrator or counsel in numerous international arbitration proceedings, ad hoc (including under UNCITRAL Rules) and under the aegis of the ICC, AAA, the Stockholm Chamber of Commerce, the Cairo Regional Centre for International Commercial Arbitration, the Netherlands Arbitration Institute and UKASTA.
• Barton Legum, Counsel, Debevoise & Plimpton LLP, Paris; Barton Legum served as Chief, NAFTA Arbitration Division, at the Office of the Legal Adviser in the U.S. Department of State (2000-04). He has also handled numerous international arbitration proceedings as counsel, under the UNCITRAL, ICSID and ICC Rules, with a specialization in investment treaty arbitration. He has represented parties in proceedings before the International Court of Justice.
• Charles Poncet, Partner, ZPG Geneva; a former member of the Swiss parliament, Charles Poncet has acted as arbitrator in numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the aegis of the ICC, the Geneva Chamber of Commerce and Industry (CCIG), the Cairo Centre of National and International Arbitration, and the AAA. He has also acted as counsel in international arbitration proceedings, ad hoc and under the Rules of the ICC.
• Eduardo Silva-Romero, Partner, Dechert, Paris; Eduardo Silva-Romero formerly was Counsel and Deputy Secretary General at the ICC International Court of Arbitration. He has advised parties in international arbitration proceedings, under the Rules of the ICC and the Stockholm Chamber of Commerce as well as in ad hoc proceedings, including under UNCITRAL Rules. He has also acted as sole arbitrator, co-arbitrator and chairman of the arbitral tribunal in arbitrations under the ICC and UNCITRAL arbitration rules. He is a Member (Colombia) of the ICC Commission on International Arbitration.
• Eric Teynier, Partner, Teynier, Pic & Associés, Paris; Eric Teynier has represented governments and private parties in domestic and international arbitration proceedings, both ad hoc and under the aegis of the ICC, AAA, OHBLA / OHADA and AFA. He lectures on arbitration at the University of Paris X.
• Judge Peter Tomka, International Court of Justice (ICJ); Judge Tomka has acted as Arbitrator in proceedings under the aegis of the Permanent Court of Arbitration. He is a Member of the Panel of Arbitrators under Annex VII to the UN Convention on the Law of the Sea (2004-) and a Member of the ICSID Panel of Arbitrators (2005-11). He formerly was a Member of the UN International Law Commission and Chairman of the UN General Assembly Legal Committee. Judge Tomka has also acted as Agent in proceedings before the ICJ and served as a Legal Adviser of the Ministry of Foreign Affairs of Slovakia.

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Anti-Suit Injunctions in Int'l Arbitration

Annulment of ICSID Awards

Towards a Uniform International Arbitration Law