Abstract
At a superficial level, it may be asked whether the participation of a state in an arbitration makes any substantial difference. Resort to arbitration requires consent of the parties; and, given such consent, the state agrees to participate in substantially the same way as its private opponent. In theory, the state divests itself of those trappings of sovereignty which provide it with such immunity as is available from jurisdiction to suit in foreign municipal courts. It agrees, in principle, to be judged by the terms of the agreement by which the dispute is referred to arbitration.
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© 1987 Springer Science+Business Media Dordrecht
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Carver, J.P. (1987). The strengths and weaknesses of international arbitration involving a state as a party: practical implications. In: Lew, J.D.M. (eds) Contemporary Problems in International Arbitration. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-1156-2_24
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DOI: https://doi.org/10.1007/978-94-017-1156-2_24
Publisher Name: Springer, Dordrecht
Print ISBN: 978-0-89838-926-5
Online ISBN: 978-94-017-1156-2
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