The mutual effect between the arbitration agreement and the state's executive immunity. ''Comparative analytical study''

Abstract

The Arbitration played a prominent role in settlement of investment disputes between state or its entities and foreign investors. However, the state's executive immunity had directly affected international commercial arbitration and prevented the execution of its awards. Which prompted some of jurists, to consider it as constituted a major obstacle to the success and development of international commercial arbitration. Therefore, the research sought to analyze the mutual impact between the arbitration agreement and executive immunity in the light of jurisprudence opinions, judgments, and international conventions, to know its dimensions, and treating its negative effects. The research concluded that the executive immunity has become relative that limited to sovereign funds non-commercial, such as central banks, embassies, and military purposes. Accordingly, the research has suggested some recommendations for establishing a balance between arbitration agreement and executive immunity