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联合国国家豁免公约第十七条对作为豁免例外的仲裁协定的适用条件、豁免范围进行了界定。国家签订仲裁协议往往意味着国家在仲裁程序中不能象在国内法院中那样援引国家豁免,但这种默示放弃豁免的效力只及于与仲裁有关的特定事项。在签订涉外仲裁协议时应当根据不同的当事人慎重选择仲裁地。如果仲裁协定的当事方是国家和政府,应当争取首先以本国为仲裁地,或者以被告人所在国为仲裁地,或者选择国际关系良好以及法院对仲裁不轻易干预的第三国为仲裁地,同时也要考虑到仲裁机构的信誉;如果仲裁协定的当事方是私人,则应选择有利于自己的本国或第三国,为此还要争取在仲裁协定中规定国家一方同意放弃包括仲裁诉讼和执行仲裁裁决两个方面豁免的条款。
Article 17 of the UN Convention on State Immunity defines the scope of application of the arbitration agreement as an exception to the exemption, and the scope of the exemption. The signing of an arbitration agreement by a State often means that States can not invoke State immunity in arbitral proceedings as they did in domestic courts, but such implied immunity from waivers extends only to specific matters relating to arbitration. When signing an arbitration agreement concerning foreign affairs, the place of arbitration shall be carefully chosen according to different parties. If the parties to an arbitration agreement are the state and the government, they should seek to first of all arbitrate their country of origin or of the country where the defendant is located or choose a third country that has good international relations and whose courts will not easily intervene in arbitration, Taking into account the credibility of the arbitration institution; if the parties to the arbitration agreement are private, they should choose their own country or a third country. To this end, they should also seek to stipulate in the arbitration agreement that the consent of one of the national parties to arbitration proceedings and Execution of the arbitration award terms in both respects.