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State Incapacity and Sovereign Immunity in International Arbitration

Tai-Heng Cheng & Ivo Entchev

(2014) 26 SAcLJ 942

This article examines state incapacity and sovereign immunity in international arbitration. When a State is involved in international arbitration, it may raise the defence of state incapacity or sovereign immunity against petitions to compel arbitration, interim judicial orders in support of arbitration, and the enforcement of final arbitral awards. This article surveys the law on these issues in several key jurisdictions, including Singapore, the US and the UK, as well as before international tribunals.