International Commercial Arbitration with Sovereign States

Author: William T. O’Brien
Publisher: Edward Elgar Publishing
ISBN: 9781035333660
Published In: April 2026
Format: Hardback , 444 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Exploring a range of legal, procedural, ethical, and strategic dimensions, this book provides a comprehensive survey of the unique challenges, issues, and opportunities surrounding international commercial arbitration involving sovereign entities. A team of international experts provide guidance on how to effectively manage these multi-faceted and high-profile disputes.

Key Features:

Analyzes umbrella clauses, parallel proceedings, and jurisdictional doctrines such as veil piercing and agency theories
Examines the historical and legal development of state sovereignty and international law, and the ever-present tension between the two
Explores pre-arbitration engagement with sovereigns, focusing on the dynamics of negotiation and mediation, and providing practical advocacy techniques
Addresses the process of enforcing and collecting arbitral awards, as well as performance issues in contracts with sovereigns, emphasizing the importance of early intervention in avoiding arbitration
Presents strategic advice for advisors to foreign sovereigns and private parties to resolve commercial disputes, and outlines procedural roadmaps for arbitration initiation, jurisdictional analysis, and enforcement mechanisms

International Commercial Arbitration with Sovereign States is an essential resource for lawyers, judges, arbitrators, and mediators involved in international disputes, as well as government and institutional legal advisors, and academics.

Foreword xxiii

Acknowledgments xxv

States, sovereignty, and international law 1

Yasmine Lahlou, Andreas Frischknecht, and Daniel Currea

Key features of arbitration and litigation in international commercial contracts involving private parties and foreign States 79

Mark A. Cymrot, Mary Kate Wagner, and James J. East, Jr.

Conducting negotiations and/or mediation with the sovereign 159

Samaa Haridi and Elizabeth Wain

Specialised advocacy 211

Katia Finkel, Lennart Baijer, and Nick Catlin

Recognition and enforcement of arbitral awards in commercial disputes against sovereigns 252

William O’Brien, Levon Golendukhin, and Iti Singh