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Arbitration with State Entity
In a matter involving a foreign state entity and arbitration between such an entity and a commercial enterprise, the Federal Arbitration Act, treaties and the issue of foreign sovereign immunity come into play.
The decision of the United States Court of Appeals for the District of Columbia Circuit of June 17, 2005, in the matter of TMR Energy Limited v. State Property Fund of Ukraine, docket 03-7191, involves such circumstances.
The appellate court rejected the Fund's jurisdictional arguments that apply to the Cyprian plaintiff's action for the enforcement in the United States of a Swedish arbitral award, as well as the contention that the arbitrators' determination of liability exceeded the scope of the arbitration agreement and violated public policy. - Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Sat, / Embassy Law Link