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Published online by Cambridge University Press: 27 February 2017
1 505 F.Supp. 141 (D.D.C. 1981), summarized in 75 AJIL 963 (1981).
2 Section 1605(a)(1) states that a foreign state shall not be immune in any case “in which the foreign state has waived its immunity either explicitly or by implication.”
3 693 F.2d 1094, 1103 (emphasis added).
4 By ruling on this narrow ground, the court of appeals expressly declined to rule on such issues as (1) whether a waiver of immunity for ICSID enforcement proceedings would also constitute a waiver for suits to compel an ICSID arbitration, and (2) whether the Federal Arbitration Act precludes lawsuits in U.S. courts to compel arbitration before ICSID. Id. at 1102 n.14.
5 28 U.S.C. § 1603(e).
6 647 F.2d 320 (2d Cir. 1981), art. granted, 454 U.S. 1140 (1982), summarized in 75 AJIL 965 (1981).