States in the International Arbitral Process

Abstract

If we look at the international arbitral process, two categories of parties can be distinguished: The first may be called ‘private parties’ and includes both natural persons and legal entities incorporated in accordance with private law. The second category may be called ‘state parties’ and includes states, subdivisions of the state, legal entities formed by the state under public law and also international governmental organisations. Though the majority of parties appearing in international arbitral procedures are still private parties, the international arbitral process has always been used, and is being used to a growing extent, by state parties as well. To mention just one illustration, according to a statistical analysis of arbitrations in recent years, one third of the many cases submitted each year to the arbitration of the International Chamber of Commerce involves state parties. Since the present writer has...