The State Immunity Defence after Accepting Sending the Dispute to International Arbitration

The principle of state immunity is one of the incontrovertible rules of customary international law and waiver of immunity is one of the accepted exceptions on this principle. acceptance of referring the dispute to international arbitration by the state, shall be certainly deemed waiver of jurisdictional immunity in respect of that State. However, such an act shall not be deemed a waiver of execution immunity of the arbitration award and refraining from this immunity needs to separate waiver. Even after passing than execution immunity is difficult to find commercial nongovernmental properties of defendant state. However, solutions such as diplomatic protection, insurance, agreeing to modify or change the terms of payment, sale or transfer to third person and pressures from the international community and State of nationality of applicant by the removal or suspension of trade tariffs can help to execution of arbitration award.