The doctrine of immunity from execution, viewed as the “last bastion of State immunity“, has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While municipal laws on State immunity vary, the dominant view in modern international legal practice is that a State’s consent to arbitration, whether under a treaty or a…

The Comprehensive Economic and Trade Agreement (CETA) made waves in a post-Trump era of hostility towards free trade. But not all press is good press and CETA’s investor–state dispute settlement (ISDS) mechanism has come under fire. While all chapters of the CETA entered into force at midnight on September 21, 2017, one didn’t: the controversial…