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Question

does signing an employment contract by a consulate in the host country where arbitration is provided in the provision makes the state immunity unapplicable?

Submitted: 25 days and 16 hours ago.

Category: Legal

Value: $18

Status: CLOSED

Posted by bizlaw 25 days and 16 hours ago.

Info Request

I am not clear on your question. What consulate did you enter an employment contract with? Where is a dispute under the arbitration clause to be heard?

25 days and 16 hours ago.

Reply

This is just a theoretical question which i need to be answered for my school assignment. The question is in case where a diplomatic mission or consulate hires a national of a host country and they make an employment contract to be signed by the foreign employer and the local employee. And one of the provision of the contract is to have an arbitration or court proceeding in case the parties have disagreement as to the provision of the contract. Question is what if the employee files a complaint against the employer, diplomatic mission, with diplomatic immunity. Will the immunity be taken as waived if the employer signs the employment contract. if yes, What provision must be added inorder to protect the employers immunity?

Accepted Answer

Normally, there are specific treaties that govern how a particular area such as employment will be treated. The inclusion of the arbitration provision will normally be a waiver of immunity. However, in the area of sovereign immunity, waiver of immunity from suit does not necessarily consitute waiver of immunity from execution. This means you could have your arbitration, win and still have no way to enforce the award. YOu would add to the agreement that the consulate waives its immunity from suit and from execution on any award in the arbitration and that the award can be confirmed in any court of ocmpetent jurisdiction. The confirmation allows you to obtain a court judgment and all the tools for executing on a judgment. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Accepts:
Expert:	bizlaw
Pos. Feedback:	99.0 %
Answered:	10/27/2009

Attorney

30 years experience corporate, litigation, international

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