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Ch.13 Enforcing Awards Involving Foreign Sovereigns

Brian King, Alexander Yanos, Jessica Bannon Vanto, Phillip Riblett

From: International Commercial Arbitration in New York (1st Edition)

James H. Carter, John Fellas

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Awards — Interim and provisional measures — Recognition and enforcement — Arbitral tribunals
There are a number of unique qualities to arbitrations involving sovereigns, which counsel to both investors and states need to bear in mind from the outset of the dispute: (1) arbitrations involving sovereigns tend to take longer due to the deliberative process inherent in all governmental bodies; (2) due to the combination of the sovereign’s need to protect the public fisc and the relative difficulty in procuring funds for settlements and for adverse awards, arbitrations involving sovereigns tend to continue further into the arbitral process than commercial...
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