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State Immunity in Selected Countries in Central and Eastern Europe

  • Latvia
  • Other

08-09-2014

Authors: Justinas Jarusevicius, Anastasia Rodionova, Artis Straupenieks, Jakub Wolkowicz

European International Arbitration Review, 2014, Vol. 3, No. 1

The most important advantage of international arbitration is the enforceability of its result—the award—since, as the common wisdom teaches us, a deal is only as reliable as the mechanism by which it can be made legally enforceable. However, despite this and other advantages international arbitration offers, it may not always be the end of the story. Certainly not in the case when the award has been obtained against a state, since states may be protected by state immunity—a bar to an otherwise enforceable award. Whereas in some states this may not cause concerns due to detailed and internationally accessible laws regulating the matters of state immunity, there are many states with respect to which much is still unexplored. This article seeks to remedy that by surveying the regulation of state immunity in seven Central and Eastern European states—Poland, Czech Republic, Ukraine, Russia, Kazakhstan, Lithuania and Latvia.

Full article in English available here.

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