The article argues that the Act of State doctrine—a domestic law principle grounded in the separation of powers—bars international arbitrators from reviewing the official acts of foreign sovereigns in commercial disputes. Through comparative analysis, the article shows that where this doctrine is part of the applicable law, it renders such disputes inarbitrable, thereby depriving arbitrators of the jurisdiction to adjudicate claims that dispute the validity of sovereign acts.
Act of State & International Commercial Arbitration
Alberto Pomari
2025-01-01
Abstract
The article argues that the Act of State doctrine—a domestic law principle grounded in the separation of powers—bars international arbitrators from reviewing the official acts of foreign sovereigns in commercial disputes. Through comparative analysis, the article shows that where this doctrine is part of the applicable law, it renders such disputes inarbitrable, thereby depriving arbitrators of the jurisdiction to adjudicate claims that dispute the validity of sovereign acts.
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