International Commercial Arbitration and Sovereign Immunity: Lithuania survives to Fight Again

H.R. Dundas
Dundas, Hew R.

Article from: TDM 3 (2005), in International Commercial Arbitration

Summary

Lithuania lost a jurisdictional challenge, to the effect that it was not party to the arbitration agreement, before a Danish-seated ICC Tribunal. It neither challenged that award in Denmark (pursuant to s.7 Arbitration Act) nor challenged the Final Award against it (some $12.7m); however, on the winning Claimant's seeking enforcement in the English Court. Lithuania survived, at least to a further battle, in this war.

Catching eels is very difficult since every time you think you have caught one, it slips out of your hands - so it is with enforcing against States!

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Suggested Citation

H.R. Dundas; "International Commercial Arbitration and Sovereign Immunity: Lithuania survives to Fight Again"
TDM 3 (2005), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=457