A/RES/59/38
Article 17
Effect of an arbitration agreement
If a State enters into an agreement in writing with a foreign natural or juridical
person to submit to arbitration differences relating to a commercial transaction, that
State cannot invoke immunity from jurisdiction before a court of another State
which is otherwise competent in a proceeding which relates to:
(a)
the validity, interpretation or application of the arbitration agreement;
(b)
the arbitration procedure; or
(c)
the confirmation or the setting aside of the award,
unless the arbitration agreement otherwise provides.
Part IV
State immunity from measures of constraint in connection with proceedings
before a court
Article 18
State immunity from pre-judgment measures of constraint
No pre-judgment measures of constraint, such as attachment or arrest, against
property of a State may be taken in connection with a proceeding before a court of
another State unless and except to the extent that:
(a) the State has expressly consented to the taking of such measures as
indicated:
(i)
by international agreement;
(ii)
by an arbitration agreement or in a written contract; or
(iii) by a declaration before the court or by a written communication after a
dispute between the parties has arisen; or
(b) the State has allocated or earmarked property for the satisfaction of the
claim which is the object of that proceeding.
Article 19
State immunity from post-judgment measures of constraint
No post-judgment measures of constraint, such as attachment, arrest or
execution, against property of a State may be taken in connection with a proceeding
before a court of another State unless and except to the extent that:
(a) the State has expressly consented to the taking of such measures as
indicated:
(i)
by international agreement;
(ii)
by an arbitration agreement or in a written contract; or
(iii) by a declaration before the court or by a written communication after a
dispute between the parties has arisen; or
(b) the State has allocated or earmarked property for the satisfaction of the
claim which is the object of that proceeding; or
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