Tara A. O'Brien


This Note examines the interrelationship between the Convention and the FISA, specifically, whether a sovereign's ratification of the Convention constitutes a waiver of immunity under section 1605(a)(1) of the FISA in actions to enforce arbitration agreements and awards. The development of sovereign immunity law in arbitration enforcement actions, pre-FISA and under the FISA's "waiver" exception, is reviewed in light of the Convention. The confusion over the Convention as it affects sovereign immunity is discussed, and a resolution of the issue is proposed in favor of barring the sovereign immunity defense in actions falling under the Convention.