Arbitrating with Sovereigns and State-Owned Entities
Article from: TDM 5 (2006), in Investor-State Disputes - International Investment Law
As international commerce and foreign investment have proliferated, so too have disputes between private entities and sovereign governments, their regional or local authorities, or State-owned companies. Resolving these disputes, whether arising under contracts or from administrative or regulatory action by the foreign State, can be particularly complex. Companies considering legal action against sovereign or Stateowned entities must consider a range of substantive and tactical issues beyond the threshold issues common in private commercial arbitration.