State Immunity In The Enforcement Of International Commercial Arbitration Awards

State and state-owned enterprises as a party in the settlement of international commercial disputes,it usually advocated the claim of the state immunity as the final weapon for non-execution arbitral award.At present,In the international commercial arbitration,immunity requirements at the implementation stage is mainly carried out through the immunity rules of the countries in which they are implemented.There is no unified practice and the UN convention has not yet entered into force.Then,to discuss the selection based on the basic position of immunity,we need to analyze the specific provisions and application of the immunity in the implementation of international commercial arbitration awards in each country.Shall the country of enforcement granting immunity to the state-owned enterprises,considering the impact of the arbitration agreement on the immunity,the implementation of immunity rules,as well as identified the immunity of the actual property.At the same time,comparing the application of state immunity rules under different enforcement mechanisms for international investment arbitration and international commercial arbitration.Based on China's current standard and attitude towards exemptions in the enforcement of international commercial arbitration awards,our country should adjustment to the implementation of the immunity rules and complete the National Immunity Act as soon as possible in the case of the enterprises advocated immunity criteria in commercial arbitration,and exemptions from the property implementation and other specific circumstances.