Journal of International Arbitration

Volume 27 (2010)

Volume 27 (2010) / Issue 1

Saloni Kantaria, 'The Challenges of Enforcing an Arbitral Award Against a Foreign State in the United States' (2010) 27 Journal of International Arbitration, Issue 1, pp. 75–87

Abstract

A party seeking to enforce an arbitral award against a sovereign state or stage agency in the United States may face practical challenges due to the Foreign Sovereign Immunities Act (FSIA). In particular, the FSIA presents two hurdles which must be crossed by an arbitral award. This article will consider these hurdles and discuss whether the United States is an appropriate forum for a party seeking to enforce an arbitral award against a foreign state or agency, and whether the FSIA puts an arbitral award holder in an inferior position to a sovereign state or agency by granting it excessive immunity.

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ISSN: 0255-8106
ID: JOIA2010005