The District Court denied confirmation of an ICC award, finding that neither the arbitration exception nor the waiver exception to a foreign state’s general immunity from suit under the US Foreign Sovereign Immunities Act (FSIA) applied.
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The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)