States as commercial actors in international disputes

5 Jun
16:00 - 17:30

Investor State Disputes

Dispute Types

Arbitration

Address

Boies Schiller Flexner LLP, 5 New Street Square London, EC4A 3BF

Regions

N/A or multiple areas/global

States occupy a unique position in international disputes, given that they act both as sovereign powers and as commercial entities. The panel will explore how this dichotomy manifests itself in international disputes, from a range different perspectives: the arbitrator, the investor, counsel, and the State. The discussion will encompass issues such as when a State will be considered to be acting in exercise of puissance publique for the purposes of international law, the attribution of actions of parastatal and commercial entities to a State, and the act of State doctrine. The panel will also explore issues relating to State immunity, such as waiver of State immunity, the commercial activity exception, and the execution of arbitral awards against State assets.

Speakers

Tim Smyth - Moderator - BSF LLP
Lord Neuberger - One Essex Court
Bronwyn Barnes - Indiana Resources
David Hunt - BSF LLP

Members Hosts

BSF LLP
One Essex Court

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