SHIV SHAKTI International Journal of in Multidisciplinary and Academic Research (SSIJMAR) Vol. 5, No. 2, April 2016 (ISSN )

Size: px
Start display at page:

Download "SHIV SHAKTI International Journal of in Multidisciplinary and Academic Research (SSIJMAR) Vol. 5, No. 2, April 2016 (ISSN )"

Transcription

1 SHIV SHAKTI International Journal of in Multidisciplinary and Academic Research (SSIJMAR) Vol. 5, No. 2, April 2016 (ISSN ) A CRITICAL STUDY ON POWER OF THE ICJ TO DECIDE A CASE EX AEQUO ET BONO UNDER ARTICLE 38 (2) Ms. Bharti Sharma Amity Law School, Amity University Madhya Pradesh, Gwalior. Impact Factor = (Scientific Journal Impact Factor Value for 2012 by Inno Space Scientific Journal Impact Factor) Global Impact Factor (2013)= (By GIF) Indexing: 1

2 Abstract: Ex Aequo Et Bono is a Latin term which means what is just and fair or according to equity and good conscience. Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. It is a term used in international law when a matter is to be decided according to principles of equity rather than by points of law. Article 38(2) of the Statute of the International Court of Justice provides that the court may decide cases ex aequo et bono, if the parties agree thereto 1. The distinction between equitable principles and decisions taken ex aequo et bono, by what is fair and good are: Judges are allowed to use principles of equity when making decisions in international law. The use of ex aequo et bono allows a judge to use whatever avenue he sees fit i.e., natural law, custom, equity. The provisions on ruling ex aequo et bono appear in almost all contemporary national and international arbitration law. In this article, I will be dealing with the history of the ruling ex aequo et bono, the concept, its application and case laws dealing with the same concept, most importantly I will be dealing with distinction between ex aequo et bono and other concepts of equity in natural law. 1 Aequo Et Bono, visited on 08/03/2016 2

3 PUBLIC INTERNATIONAL LAW Article: The ICJ is the primary judicial branch of the United Nations, with the primary function of settling disputes between nations which submit their issues before the ICJ. ICJ has two types of jurisdictions advisory and contentious. When deciding cases, the Court applies international law as summarized in Article 38 of the ICJ Statute, which provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the "general principles of law recognized by civilized nations". Article 38(2) of the Statute of the International Court of Justice (ICJ) provides that the court may decide cases ex aequo et bono, but only where the parties agree thereto. Ex aequo et bono means a judgment based on considerations of fairness, not on considerations of existing law. Such a judgment is rendered beside or against the law (contra legem), and not within the law (intra legem). Article 38(2) of the I.C.J. Statute permits the Court to render a judgment on these grounds. The very famous ruling of the principle of Ex aequo et bono is CASE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY IN THE GULF OF MAINE AREA, popularly known as Canada v. United States of America. The application of the principle of ex aequo et bono is seen in: Article 38(2) of the Statute of the International Court of Justice (ICJ). In 1984 the ICJ decided a case using "equitable criteria" in creating a boundary in the Gulf of Maine for Canada and the US. Article 33 of the United Nations Commission on International Trade Law's Arbitration Rules (1976). It provides that the arbitrators shall consider only the applicable law, unless the arbitral agreement allows the arbitrators to consider ex aequo et bono, or amiable compositeur, instead. Lex mercatoria (from the Latin for "merchant law") is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It functioned as the international law of commerce. It 3

4 PUBLIC INTERNATIONAL LAW emphasised contractual freedom and alienability of property, while shunning legal technicalities and deciding cases ex aequo et bono. Lex mercatoria precepts have been reaffirmed in new international mercantile law. National trade barriers are torn down in order to induce commerce. The new commercial law is grounded on commercial practice directed at market efficiency and privacy. Dispute resolution has also evolved and functional methods like international commercial arbitration is now available. The principles of the medieval lex mercatoria efficiency, party autonomy, and choice of arbitrator are applied, and arbitrators often render judgments based on customs. The new merchant law encompasses a huge body of international commercial law. Equity was used frequently in international law during the 19th century. Much international arbitration provided for decision according to international law and equity. Then somehow at the beginning of the 20th century things quieted down and equity was used much less. 2 The Court would state it was well known that a particular principle existed as a general principle of international law accepted by most nations and then would apply it, never mentioning equity. In the 1960s when the Court began to consider disputes related to maritime boundaries in the North Sea Continental Shelf Cases, it rediscovered equitable principles, however. There, the Court relied on the Truman Proclamation that said that if the United States had any disputes about the continental shelf, it would be solved by agreement with the other country concerned, in accordance with equitable principles. Because the Proclamation was followed by a number of other states, the Court cited it as the beginning of the trend that established the principle the Court would follow. Of course, in the North Seas Continental Shelf Cases and a number of following cases, various problems arose about what is equity, what are "equitable principles," and third, what is an equitable result. The first problem we have is the old distinction between equity meaning principles of general international law and equity meaning that the court should decide according to what is just and proper, which some call ex aequo et bono, an old wellknown phrase. 2 Equity in International Law, Author(s): Louis B. SohnSource: Proceedings of the Annual Meeting (American Society 4

5 of International Law), Vol. 82(APRIL 20-23, 1988), pp Published by: American Society of International Law PUBLIC INTERNATIONAL LAW The phrase "ex aequo et bono" was used in a large number of treaties, starting with the General Act of Geneva in 1928, and the arbitration treaties that followed it. Those treaties provided that, in principle, cases sent to the International Court of Justice should be decided according to article 38, paragraph 1, of the Statute of the Court, namely, the four basic sources of international law. There was also article 38, paragraph 2, however, which allows the Court to decide ex aequo et bono when the parties agree and, of course, some of those treaties amounted to fuch agreement. The majority of those treaties did not provide, however, for the Court to decide ex aequo et bono; they provided instead for an arbitral tribunal to deal ex aequo et bono with disputes that were not legal. There was a second group of treaties, including the European Treaty on Peaceful Settlement in the 1950s, that provided that if a tribunal could not find a rule of international law on the subject, it might deal with the subject ex aequo et bono. 3 There are theoretically three kinds of equity: one is equity intra legem, as the Romans used to say; the second is equity praeter legem; and the third is equity contra legem. Equity intra legem refers to the power of the court to select from one of several possible interpretations of the law so as to achieve the most equitable result. It is equity within the law. The second one, equity praeter legem, refers to the use of equity to fill a gap, or logical lacuna, in the law. This is similar to the concept used by the European Convention. The third one, which is the closest to ex aequo et bono, is equity contra legem. The use of equity in derogation of the law, where an exception from the law is needed, given the circumstances of the case, in order to achieve an equitable and just result. Some say that is what the Court is doing at times, and it could have been implied perhaps from the early Court cases, but in recent times the Court has started saying no, it is not doing that, it is always acting within the law, intra legem. The Court said there is no principle on the settlement of boundary disputes from which it may be necessary to depart. There is only the balancing of various circumstances, various rules of equity, and the Court simply decides which of them is most appropriate in a particular situation. This was the result of the Court's strong opposition to the idea, which of 5

6 3 Ibid. 6

7 PUBLIC INTERNATIONAL LAW course has been presented in every dispute, that equidistance is the basic, crucial rule about the delimitation of boundaries. You divide everything half and half, more or less, on the basis of the distance between the two coasts of the states whose boundaries are in dispute. Recently we saw this argument being made by Malta in the case with Libya, but the Court repeatedly said, no, this is not the problem. The problem is not that there is a rule of international law about equidistance from which we must depart given special circumstances. Rather, it said, equidistance is just one of the special rules that we could apply, other rules being for instance the natural prolongation of land territory, or drawing a line from the boundary between two states, or even drawing the geo graphical line following longitudinal or latitudinal parallels. As a result, the contra legem idea was more or less abolished by the Court, though it comes back to some extent when the Court starts talking about equitable results, or rather, about avoiding inequitable results, a distinction made in the recent cases. 4 Application of equity infra legem: In many cases where it is impossible to quantify the damages precisely, international tribunals have made an equitable estimate of the compensation to which the claimant is entitled.' The role played by equity in these cases is a modest one. It is not used to determine entitlement to relief or remoteness of damage, but only to calculate the measure of damages. If there is a rule of law entitling the claimant to compensation for pain and suffering (to take one example), the law obviously does not intend the claimant to be deprived of compensation solely because damages for pain and suffering cannot be calculated with the same degree of precision as loss of earnings; by implication, therefore, the law itself requires the tribunal to make an equitable estimate of the compensation due. Similar decisions have been reached concerning interest and costs. The right to interest is not based on equity but (usually) on a general principle of law; however, it is within the tribunal's discretion to fix what it regards as a fair rate of interest." Similarly, a tribunal's power to award costs is not derived from equity, but a tribunal has discretion to make what it regards as a fair order concerning costs. 7

8 4 Ibid 8

9 PUBLIC INTERNATIONAL LAW In the British Guiana-Brazil Boundary arbitration, the arbitrator was required to determine the boundary between British Guiana and Brazil. He found that there was insufficient evidence to decide the controversy over certain parts of the disputed territory, and accepted as a rule of necessity that he should make the division, taking account of lines traced by nature and giving preference to the line which, being best defined throughout its entire course, afforded the most equitable partition of the disputed territory. Here again, as in the cases concerning damages, interest and costs, recourse to equity was essential in order to enable the arbitrator to discharge his legal functions; if he had not relied on equity, he would have been unable to determine the boundary, as the arbitration agreement required him to do. A somewhat bolder use of equity was advocated in the Romberg case, where the tribunal proclaimed its right to decide by "taking account of what it deems just and equitable rather than minutely observing legal procedures and formalities ; however, the legal formalities which were disregarded were rules of municipal law, not rules of international law.' 5 Application of Ex aequo et bono in Arbitration: The doctrinal, normative and practical approach to decision making according to the principles of equity varies considerably in various countries. There are even differences in the way this term is interpreted. In principle, it is possible to distinguish two concepts, which are (i) the ability to make decisions as an amiable compositeur, or (ii) decision making according to the principles of equity. In legal theory, although these decision-making methods are two different concepts, in practice they clash with each other, and sometimes it is somewhat difficult to tell them apart. Nevertheless, they can be identified as two separate approaches, as follows from foreign and international rules and the standards governing them. 6 As these are sui generis unmistakable concepts, the allowance to decide the merits ex aequo et bono does not mean to act as amiable compositeur in the strict 5 Equity and General Principles of Law Author(s): Michael Akehurst Source: The International and Comparative Law Quarterly, Vol. 25, No. 4 (Oct., 1976), pp Published by: Cambridge University Press on behalf of the British Institute of International andcomparative Law 6 ICC Rules Article 21(3): The arbitral tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have agreed to give it such powers. For the former wording, see Article 17(3) of the ICC Rules. This wording implies a qualitative difference between the two procedures as the amiable compositeur is a procedural approach, while ex aequo et bono entails decision making. 9

10 10

11 PUBLIC INTERNATIONAL LAW sense and vice versa. Some states only recognize amiable compositeur procedures 7, whereas other countries rely exclusively on decision making ex aequo et bono 8. The settlement of a dispute where the parties empower a particular entity (an arbitrator) to act as an amiable compositeur is not decision making in the strict sense and the whole process of arbitration thus loses its adversary character, but is a sort of quasi-settlement proceeding. The term compositeur is derived from the word composition, which is still used in many languages to mean agree or settle, rather than decide. An arbitrator acting as an amiable compositeur is thus viewed as a representative authorized to resolve the dispute. It is important not to lose sight of the fact that some jurisdictions may allow for such a construct, even if exceptionally, referring for example to the concept under Italian law known as arbitrato irrituale, 9 along with arbitraje informal and impropio o libre in spain. International institutions involved in arbitration are also aware of the problem with the definition of the terms amiable compositeur and ex aequo et bono. A working group was set up at the ICC in to: (i) identify the basic characteristics of the concepts in question, and (ii) study the role of arbitrators making decisions based on principles of equity (whether in relation to questions of jurisdiction 11, procedures or issues related to the assessment of the merits). 7 For example, France and Quebec. 8 For example, in Switzerland and Italy, as well as the Czech Republic and Slovakia. 9 ALEXANDER BĚLOHLÁVEK, ROZHODČÍ ŘÍZENÍ, ORDRE PUBLIC A TRESTNÍ, This is a case where the arbitrators, in the form of an arbitration agreement as an enforceable instrument, confirm the parties agreement on the content of their obligations, e.g. the equivalent of an award with a contractually agreed content (cf. analogous treatment under the ZPOG) or the issuance of an arbitral award consistent with the content of the parties agreement at the request of the participants in the arbitration proceedings. 10 Headed by Edouard Bertrand [FRA] and Ronald King [GBR]. 11 It should be noted that in some jurisdictions the issue of authority (jurisdiction) is regarded as a subject of substantive law, i.e. as part of the merits of the case. This can be attributed, in particular, to the influence of common law, to which the concept inherently pertains and which, in many respects, is reflected in a number of 11

12 approaches applied in proceedings before the ICC International Court of Arbitration. 12

13 PUBLIC INTERNATIONAL LAW Conclusion: The principle of Ex aequo et bono has always been questioned, because judgment rendered under this principle is not based on existing law. Article 33 of UNCITRAL and Article 38(2) of Statute of International Court of Justice talks about moving away from substantive law and gives power to decide a case on its fairness, and on the principles of equity and customs. Though many may not confide their belief in ruling of ex aequo et bono, researcher found that many times existing law (Positive Law) may not be able to provide a good decision, because it is a code of conduct and has a limit from the source which delegates the power on it. International law is a synthesis of Public law and Domestic law, unlike Domestic law it cannot be bound to a set of laws. Natural law, customs, equity are based on morality and values, the case is decided on its merits. Therefore the principle of ex aequo et bono which has not been used for quite a long time, should be brought into practice. International law office issues an online newsletter, according to which there have been no recent cases decided on principle of ex aequo et bono. 13

14 14

15 PUBLIC INTERNATIONAL LAW Bibliography: Articles Referred: Czech (& Central European) Yearbook of Arbitration, By JurisNet LLC, 2013 Equity in International Law, Author(s): Ruth Lapidoth, Source: Proceedings of the Annual Meeting (American Society of International Law), Vol. 81 (APRIL 8-11, 1987), pp Published by: American Society of International Law 12 Equity and General Principles of Law, Author(s): Michael Akehurst, Source: The International and Comparative Law Quarterly, Vol. 25, No. 4 (Oct., 1976), pp Published by: Cambridge University Press on behalf of the British Institute of International and Comparative Law 13 Equity in International Law, Author(s): Louis B. Sohn Source: Proceedings of the Annual Meeting (American Society of International Law), Vol. 82(APRIL 20-23, 1988), pp Published by: American Society of International Law P a g e

Applicable Law. International Commercial Arbitration and International Sales Law. Anastasiia Rogozina, LL.M., к. ю. н.

Applicable Law. International Commercial Arbitration and International Sales Law. Anastasiia Rogozina, LL.M., к. ю. н. Applicable Law International Commercial Arbitration and International Sales Law Anastasiia Rogozina, LL.M., к. ю. н. Schedule 18.10 What is International Commercial Arbitration? 25.10 Arbitration Agreement

More information

Czech (& Central European) Yearbook of Arbitration

Czech (& Central European) Yearbook of Arbitration Czech (& Central European) Yearbook of Arbitration Volume III 2013 Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) Editors Alexander J. Bělohlávek

More information

Terms of Reference ( TOR ).

Terms of Reference ( TOR ). Terms of Reference. An Arbitrator s Perspective Karen Mills Chartered Arbitrator KarimSyah Law Firm, Jakarta One of the features which sets ICC arbitration references apart from other arbitration procedures,

More information

University of Oslo Spring 2019 International Commercial Law

University of Oslo Spring 2019 International Commercial Law University of Oslo Spring 2019 International Commercial Law Choice of governing law Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University Conflict of laws International transactions: Between

More information

Out-of-court dispute settlement systems for e-commerce

Out-of-court dispute settlement systems for e-commerce 1 Out-of-court dispute settlement systems for e-commerce Report on legal issues Part IV: Arbitration 31 st October 2000 2 Title: Out-of-court dispute settlement systems for e- commerce. Report on legal

More information

The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia

The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia ( Official Journal of the Republic of Serbia, no. 2/2014) I GENERAL PROVISIONS Definition and Status

More information

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT) ARBITRAL AWARD (0079/10 FAT) by the FIBA ARBITRAL TRIBUNAL (FAT) Mr. Klaus Reichert in the arbitration proceedings between Martina Rejchova, Havlickova 392 Velka, Hledsebe 35301, Czech Republic represented

More information

CAS - The Court of Arbitration for Sport

CAS - The Court of Arbitration for Sport University of Peloponnese From the SelectedWorks of Marios Papaloukas 2013 CAS - The Court of Arbitration for Sport Marios Papaloukas, University of Peloponnese Available at: https://works.bepress.com/sports_law/37/

More information

Arbitration in Belgium

Arbitration in Belgium Arbitration in Belgium Belgium is an arbitration-friendly jurisdiction and is a signatory to the New York Convention. Its national Arbitration Act (part VI of the Judicial Code) was reformed in 2013; and,

More information

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA Statement by H.E. JUDGE RÜDIGER WOLFRUM, President of the International Tribunal for the Law of the Sea to the Informal Meeting of Legal Advisers of Ministries

More information

Page 1 of 17 Attorney General International Commercial Arbitration Act (R.S.N.B. 2011, c. 176) Act current to March 7, 2012 2011, c.176 International Commercial Arbitration Act Deposited May 13, 2011 Definitions

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 1, 2009. It is intended for information and reference purposes only. This

More information

The World Intellectual Property Organization

The World Intellectual Property Organization The World Intellectual Property Organization The World Intellectual Property Organization is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property

More information

Arbitration Law of Canada: Practice and Procedure

Arbitration Law of Canada: Practice and Procedure Arbitration Law of Canada: Practice and Procedure Third Edition J. Brian Casey JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call

More information

SOURCES OF INTERNATIONAL LAW: customary law

SOURCES OF INTERNATIONAL LAW: customary law SOURCES OF INTERNATIONAL LAW: customary law Marta Statkiewicz Department of International and European Law Faculty of Law, Administration and Economics University of Wrocław art. 38 of the Statute of the

More information

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT) ARBITRAL AWARD (0074/10 FAT) by the FIBA ARBITRAL TRIBUNAL (FAT) Mr. Klaus Reichert in the arbitration proceedings between Mr. Vladimer Boisa represented by Dr. Špelca Mežnar, Čeferin Law Office, Taborska

More information

INTERNATIONAL ARBITRATION AND THE COURTS

INTERNATIONAL ARBITRATION AND THE COURTS INTERNATIONAL ARBITRATION AND THE COURTS Devin Bray Heather L. Bray Editors JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call

More information

The Legal Status of the Outer Continental Shelf without a Recommendation from the CLCS UNIVERSITY OF SHIZUOKA SHIZUKA SAKAMAKI

The Legal Status of the Outer Continental Shelf without a Recommendation from the CLCS UNIVERSITY OF SHIZUOKA SHIZUKA SAKAMAKI The Legal Status of the Outer Continental Shelf without a Recommendation from the CLCS UNIVERSITY OF SHIZUOKA SHIZUKA SAKAMAKI The Outer Limits of the CS According to Art. 76(1) of UNCLOS, the continental

More information

Bilateral Investment Treaty between Netherlands and Cambodia

Bilateral Investment Treaty between Netherlands and Cambodia Bilateral Investment Treaty between Netherlands and Cambodia This document was downloaded from ASEAN Briefing (www.aseanbriefing.com) and was compiled by the tax experts at Dezan Shira & Associates (www.dezshira.com).

More information

IN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE... APPELLANT TURKEY...

IN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE... APPELLANT TURKEY... IN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE.... APPELLANT Vs TURKEY.... RESPONDENT SUBMITTED BEFORE THE HON BLE COURT IN EXCERSISE OF

More information

This article from Hague Justice Journal is published by Eleven international publishing and made available to anonieme bezoeker

This article from Hague Justice Journal is published by Eleven international publishing and made available to anonieme bezoeker COMMENTARY The Guyana/Suriname Arbitration: A Commentary Dr. Yoshifumi Tanaka * 1. INTRODUCTION Guyana and Suriname are situated on the northeast coast of the South American continent, and the coastlines

More information

SETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat

SETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat SETTLEMENT OF DISPUTES CLAUSES [Agenda item 15] DOCUMENT A/CN.4/623 Note by the Secretariat [Original: English] [15 March 2010] CONTENTS Multilateral instruments cited in the present document... 428 Paragraphs

More information

INTERNATIONAL COURT OF ARBITRATION. CASE No /AC

INTERNATIONAL COURT OF ARBITRATION. CASE No /AC INTERNATIONAL COURT OF ARBITRATION CASE No. 28000/AC PETER EXPLOSIVE v. REPUBLIC OF OCEANIA (CLAIMANT) (RESPONDENT) MEMORIAL FOR THE CLAIMANT List of Abbreviations: 1. ICSID: International Center for Settlement

More information

Arbitration rules. International Chamber of Commerce. The world business organization

Arbitration rules. International Chamber of Commerce. The world business organization Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011

More information

2012 ICC Rules 1998 ICC Rules. Article 1

2012 ICC Rules 1998 ICC Rules. Article 1 2012 ICC Rules 1998 ICC Rules Article 1 International Court of Arbitration 1 The International Court of Arbitration (the "Court") of the International Chamber of Commerce (the "ICC") is the independent

More information

MARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS. Christine Sim 24 August 2017

MARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS. Christine Sim 24 August 2017 MARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS Christine Sim 24 August 2017 ARTICLE 298 Optional Exceptions to Applicability of Section 2 1. When signing, ratifying or acceding to this Convention

More information

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA TRIBUNAL INTERNATIONAL DU DROIT DE LA MER

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA TRIBUNAL INTERNATIONAL DU DROIT DE LA MER INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA TRIBUNAL INTERNATIONAL DU DROIT DE LA MER Building Transformative Partnerships for Ocean Sustainability: The Role of ITLOS Statement by Judge Jin-Hyun Paik

More information

REQUEST FOR ARBITRATION

REQUEST FOR ARBITRATION IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT)

More information

CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID

CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID Introduction Every legal system has its own sources of law. A rule of law must come from a particular source. What type of law

More information

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT) ARBITRAL AWARD rendered by the FIBA ARBITRAL TRIBUNAL (FAT) Mr. Ulrich Haas in the arbitration proceedings between XL Basketball Agency, Mr. Robert Jablan, Cernička 41, 10000 Zagreb, Croatia represented

More information

Freedom And Servitude In The Public Order Of The Oceans A Review Of Navigational Servitudes: Sources, Applications, Paradigms by Ralph J.

Freedom And Servitude In The Public Order Of The Oceans A Review Of Navigational Servitudes: Sources, Applications, Paradigms by Ralph J. Ocean and Coastal Law Journal Volume 13 Number 2 Article 7 2007 Freedom And Servitude In The Public Order Of The Oceans A Review Of Navigational Servitudes: Sources, Applications, Paradigms by Ralph J.

More information

Crossing Borders: Adventures in Transnational Legal Research

Crossing Borders: Adventures in Transnational Legal Research University of Georgia School of Law Digital Commons @ Georgia Law Continuing Legal Education Presentations March 19, 2012 Mar 19th, 12:30 PM - 1:15 PM Crossing Borders: Adventures in Transnational Legal

More information

Adopted by the State Duma of the Russian Federation on June 14, 2002 Endorsed by the Federation Council on July 10, 2002

Adopted by the State Duma of the Russian Federation on June 14, 2002 Endorsed by the Federation Council on July 10, 2002 ARBITRATION PROCEDURAL CODE OF THE RUSSIAN FEDERATION NO. 95-FZ OF JULY 24, 2002 (with the Amendments and Additions of July 28, November 2, 2004, March 31, December 27, 2005, October 2, 2007, April 29,

More information

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013)

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) 1. Scope of Application and Interpretation 1.1 Where parties have agreed to refer their disputes

More information

Utilisation and Environmental Protection of Shared International Freshwater Resources The Role of Equity

Utilisation and Environmental Protection of Shared International Freshwater Resources The Role of Equity Owen McIntyre 1 Utilisation and Environmental Protection of Shared International Freshwater Resources The Role of Equity 1. Introduction It is now practically beyond debate that the principle of equitable

More information

ARBITRATION RULES MEDIATION RULES

ARBITRATION RULES MEDIATION RULES ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)

More information

Bilateral Investment Treaty between Netherlands and Lao

Bilateral Investment Treaty between Netherlands and Lao Bilateral Investment Treaty between Netherlands and Lao This document was downloaded from ASEAN Briefing (www.aseanbriefing.com) and was compiled by the tax experts at Dezan Shira & Associates (www.dezshira.com).

More information

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT) ARBITRAL AWARD (0091/10 FAT) by the FIBA ARBITRAL TRIBUNAL (FAT) Mr. Klaus Reichert in the arbitration proceedings between Antonio D. Graves, 526 Bowman street, Mansfield, OH 44903, USA represented by

More information

PART I ARBITRATION - CHAPTER I

PART I ARBITRATION - CHAPTER I INDIAN BARE ACTS THE ARBITRATION AND CONCILIATION ACT, 1996 No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration

More information

ACERIS LAW LLC. International Arbitration Laws in Libya. 1. Law No.4 for 2010 on Arbitration and Conciliation p. 2

ACERIS LAW LLC. International Arbitration Laws in Libya. 1. Law No.4 for 2010 on Arbitration and Conciliation p. 2 ACERIS LAW LLC International Arbitration Laws in Libya 1. Law No.4 for 2010 on Arbitration and Conciliation p. 2 2. Code of Civil and Commercial Procedure 1953 p. 5 Libyan Law No.4 for 2010 on Arbitration

More information

JURISPRUDENTIAL FUNCTION OF INTERNATIONAL COURT OF JUSTICE AND ITS CONTRIBUTION IN DEVELOPMENT OF INTERNATIONAL LAW

JURISPRUDENTIAL FUNCTION OF INTERNATIONAL COURT OF JUSTICE AND ITS CONTRIBUTION IN DEVELOPMENT OF INTERNATIONAL LAW JURISPRUDENTIAL FUNCTION OF INTERNATIONAL COURT OF JUSTICE AND ITS CONTRIBUTION IN DEVELOPMENT OF INTERNATIONAL LAW a JABER SEYVANIZAD a Young Researchers and Elite Club, Urmia Branch, Islamic Azad University,

More information

IMPACT OF THE NEW BRUSSELS 1 RECAST

IMPACT OF THE NEW BRUSSELS 1 RECAST Álvaro Manrique de Lara Salvador Abogado Cremades & Calvo-Sotelo IMPACT OF THE NEW BRUSSELS 1 RECAST As Lord Goff said once: On the continent of Europe, the essential need was seen to avoid any such clash

More information

- legal sources - - corpus iuris -

- legal sources - - corpus iuris - - legal sources - - corpus iuris - contents: - TABLE OF CONTENT; EDITORIAL - ARBITRATION RULES OF THE STOCKHOLM CHAMBER OF COMMERCE - UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION - CONVENTION

More information

Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000)

Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) The Arbitration and Conciliation Act, 1996 (No. 26 of 1996), [16th August 1996] India An Act

More information

Arbitration Act of. of Barbados. (Barbade)

Arbitration Act of. of Barbados. (Barbade) Arbitration Act of Barbados (Barbade) INTERNATIONAL COMMERCIAL ARBITRATION ACT, 2007-45 BARBADOS I assent C. STRAUGHN HUSBANDSS Govemor- General 20th December, 2007. An Act to make provision for international

More information

DISSENTING OPINION OF JUDGE HEIDAR

DISSENTING OPINION OF JUDGE HEIDAR DISSENTING OPINION OF JUDGE HEIDAR 1. I am unable to vote in favour of the present Order because in my view the requirements for the prescription of provisional measures set out in article 290, paragraph

More information

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION 521 522 COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION TABLE

More information

APPLICATION OF LAW BY THE MARITIME ARBITRATION COMMISSION IN SETTLING

APPLICATION OF LAW BY THE MARITIME ARBITRATION COMMISSION IN SETTLING APPLICATION OF LAW BY THE MARITIME ARBITRATION COMMISSION IN SETTLING DISPUTES* Sergei N. Lebedev** I. INTRODUCTION Set up in Moscow more than 40 years ago, the Maritime Arbitration Commission (MAC) at

More information

ARTICLE 1 GENERAL PROVISIONS

ARTICLE 1 GENERAL PROVISIONS CHAPTER 42A GUAM INTERNATIONAL ARBITRATION NOTE: Chapter 42A was added by by P.L. 27-081:3 (April 30, 2004), and became effective upon enactment. In light of the creation of a new Chapter 42A, the sections

More information

International. Arbitration Report. Choice Of Law And Interpreting Contracts In International Commercial Arbitration MEALEY S

International. Arbitration Report. Choice Of Law And Interpreting Contracts In International Commercial Arbitration MEALEY S MEALEY S International Arbitration Report Choice Of Law And Interpreting Contracts In International Commercial Arbitration by Leslie Gordon Fagen, Esq. and Daniel Thacker, Esq. Paul, Weiss, Rifkind, Wharton

More information

586 Chinese JIL (2008)

586 Chinese JIL (2008) 586 Chinese JIL (2008) ZHU Lijiang, Dui Guonei Zhanzhengzui de Pubian Guanxia yu Guojifa [Universal Jurisdiction over War Crimes in Non-International Armed Conflicts and International Law], Law Press,

More information

THE ARBITRATION AND CONCILIATION ACT, 1996 PART-I ARBITRATION CHAPTER I GENERAL PROVISIONS CHAPTER II ARBITRATION AGREEMENT

THE ARBITRATION AND CONCILIATION ACT, 1996 PART-I ARBITRATION CHAPTER I GENERAL PROVISIONS CHAPTER II ARBITRATION AGREEMENT THE ARBITRATION AND CONCILIATION ACT, 1996 CONTENTS PRELIMINARY 1. Short title, extent and commencement 2. Definitions 3. Receipt of written communications 4. Waiver of right to object 5. Extent of judicial

More information

WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES

WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES APPENDIX 3.17 WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES (as from 1 October 2002) I. GENERAL PROVISIONS Abbreviated Expressions Article 1 In these Rules: Arbitration Agreement means

More information

CHAPTER- II HISTORICAL DEVELOPMENT (EVOLUTION) OF LAW OF MARITIME DELIMITATION AND EQUITY IN INTERNATIONAL LAW

CHAPTER- II HISTORICAL DEVELOPMENT (EVOLUTION) OF LAW OF MARITIME DELIMITATION AND EQUITY IN INTERNATIONAL LAW CHAPTER- II HISTORICAL DEVELOPMENT (EVOLUTION) OF LAW OF MARITIME DELIMITATION AND EQUITY IN INTERNATIONAL LAW MiSToncal Development (.tvolutionj ot MariTime DelimiTaTion Law I Chapter ii and I CHAPTER

More information

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania adopted by the Board of the Court of International Commercial Arbitration in force

More information

ICC/CMI Rules International Maritime Arbitration Organization in force as from 1 January 1978

ICC/CMI Rules International Maritime Arbitration Organization in force as from 1 January 1978 ICC/CMI Rules International Maritime Arbitration Organization in force as from January 978 Article The International Chamber of Commerce (ICC) and the Comité Maritime International (CMI) have jointly decided,

More information

LEX SPORTIVA AND LEX MERCATORIA

LEX SPORTIVA AND LEX MERCATORIA LEX SPORTIVA AND LEX MERCATORIA Marios Papaloukas Assist. Professor of Sports Law Univiversity of Peloponnese, Attorney at Law, Greece Abstract: In the early 90 s the sports establishment attempted to

More information

RULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce

RULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce The English text prevails over other language versions. TABLE OF CONTENTS

More information

Tokyo, February 2015

Tokyo, February 2015 The Rule of Law in the Seas of Asia - Navigational Chart for Peace and Stability - Compulsory Dispute Settlement Procedures under UNCLOS - Their Achievements and New Agendas - Tokyo, 12-13 February 2015

More information

4. CONVENTION ON THE CONTINENTAL SHELF. Geneva, 29 April 1958

4. CONVENTION ON THE CONTINENTAL SHELF. Geneva, 29 April 1958 . 4. CONVENTION ON THE CONTINENTAL SHELF Geneva, 29 April 1958. ENTRY INTO FORCE 10 June 1964, in accordance with article 11. REGISTRATION: 10 June 1964, No. 7302. STATUS: Signatories: 43. Parties: 58.

More information

ARBITRATION IN GERMANY

ARBITRATION IN GERMANY ARBITRATION IN GERMANY Gerhard WALTER 1. Which are the rules regulating arbitration in your country? In Germany, arbitration is governed by the Code of Civil Procedure (Zivilprozessordnung; ZPO ), Book

More information

PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS. Prof David K. Linnan USC LAW # 783 Unit Seventeen

PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS. Prof David K. Linnan USC LAW # 783 Unit Seventeen PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS Prof David K. Linnan USC LAW # 783 Unit Seventeen PEACEFUL SETTLEMENT HISTORY 1. Modern history of int l arbitration reaching back to

More information

Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay

Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay The Government of the Kingdom of the Netherlands and the

More information

International Arbitration in the South China Sea

International Arbitration in the South China Sea International Arbitration in the South China Sea Figure 1: Claims made by various South Asian Nations on maritime structures in the SCS. Source: The New York Times International Arbitration The South China

More information

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) CONTENTS

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) CONTENTS CONTENTS Rule 1 Scope of Application and Interpretation 1 Rule 2 Notice, Calculation of Periods of Time 3 Rule 3 Notice of Arbitration 4 Rule 4 Response to Notice of Arbitration 6 Rule 5 Expedited Procedure

More information

INTERNATIONAL SYMPOSIUM ON THE LAW OF THE SEA. The Rule of Law in the Seas of Asia: Navigational Chart for the Peace and Stability

INTERNATIONAL SYMPOSIUM ON THE LAW OF THE SEA. The Rule of Law in the Seas of Asia: Navigational Chart for the Peace and Stability (Check against delivery) INTERNATIONAL SYMPOSIUM ON THE LAW OF THE SEA The Rule of Law in the Seas of Asia: Navigational Chart for the Peace and Stability 12-13 February, 2015 Keynote Speech by Judge Shunji

More information

ISSUES OF CODIFICATION AND INSTITUTIONAL DEVELOPMENT OF CONFLICT OF LAWS IN THE REPUBLIC OF ARMENIA LEGISLATION. Armen Haykyants 1

ISSUES OF CODIFICATION AND INSTITUTIONAL DEVELOPMENT OF CONFLICT OF LAWS IN THE REPUBLIC OF ARMENIA LEGISLATION. Armen Haykyants 1 ISSUES OF CODIFICATION AND INSTITUTIONAL DEVELOPMENT OF CONFLICT OF LAWS IN THE REPUBLIC OF ARMENIA LEGISLATION Armen Haykyants 1 The conflict of law rules regulate private legal relations across countries,

More information

1. Article 80, paragraph 1, of the Rules of the Court provides:

1. Article 80, paragraph 1, of the Rules of the Court provides: SEPARATE OPINION OF JUDGE DONOGHUE Article 80, paragraph 1, of the Rules of Court Jurisdiction over counter-claims Termination of the title of jurisdiction taking effect after the filing of the Application

More information

Seminar on the Establishment of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles under UNCLOS (Feb. 27, 2008)

Seminar on the Establishment of the Outer Limits of the Continental Shelf beyond 200 Nautical Miles under UNCLOS (Feb. 27, 2008) The outer limits of the continental shelf beyond 200 nautical miles under the framework of article 76 of the United Nations Convention on the Law of the Sea (LOSC) Presentation to the Seminar on the Establishment

More information

1 Public Law Studies Quarterly, Vol. 45, No. 1, Spring 2015

1 Public Law Studies Quarterly, Vol. 45, No. 1, Spring 2015 1 Public Law Studies Quarterly, Vol. 45, No. 1, Spring 2015 The role of subsequent practice of states in the interpretation of treaties: The judgment of the International Court of Justice in the Application

More information

In its Judgment, which is final and without appeal, the Court

In its Judgment, which is final and without appeal, the Court INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website: www.icj-cij.org Twitter Account: @CIJ_ICJ Press Release

More information

Dispute Resolution Around the World. Chile

Dispute Resolution Around the World. Chile Dispute Resolution Around the World Chile Dispute Resolution Around the World Chile 2009 Dispute Resolution Around the World Chile Table of Contents 1. National Constitution... 1 2. International Treaties:

More information

The Demise of Equitable Principles and the Rise of Relevant Circumstances in Maritime Boundary Delimitation

The Demise of Equitable Principles and the Rise of Relevant Circumstances in Maritime Boundary Delimitation This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions

More information

SEPARATE OPINION OF JUDGE SEPÚLVEDA-AMOR

SEPARATE OPINION OF JUDGE SEPÚLVEDA-AMOR SEPARATE OPINION OF JUDGE SEPÚLVEDA-AMOR I find myself in full agreement with most of the reasoning of the Court in the present Judgment. The same is true of almost all the conclusions reached by the Court

More information

INTERNATIONAL TREATIES AND THIRD PARTIES

INTERNATIONAL TREATIES AND THIRD PARTIES OPINIO JURIS Volume 01 Januari - Maret 2010 INTERNATIONAL TREATIES AND THIRD PARTIES Oleh Muniroh Rahim I. INTRODUCTION Preface The general principles of international law among others are treaties and

More information

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)

ARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT) ARBITRAL AWARD (0042/09 FAT) rendered by FIBA ARBITRAL TRIBUNAL (FAT) Mr Stephan Netzle in the arbitration proceedings Ms Anda Jelavic, - Claimant 1 - Mr Itzhak (Huky) Nir, Data Plus, - Claimant 2 - Mr

More information

ICC Rules of Conciliation and Arbitration 1975

ICC Rules of Conciliation and Arbitration 1975 ICC Rules of Conciliation and Arbitration 1975 (in force as from 1st June 1975) Optional Conciliation Article 1 (ADMINISTRATIVE COMMISSION FOR CONCILIATION. CONCILIATION COMMITTEES) 1. Any business dispute

More information

DECLARATION OF JUDGE AD HOC FRANCIONI

DECLARATION OF JUDGE AD HOC FRANCIONI DECLARATION OF JUDGE AD HOC FRANCIONI 1. I have joined the decision of the majority on all the preliminary questions concerning prima facie jurisdiction under article 290, paragraph 5, and admissibility,

More information

A. Introduction. Phase Two Memorial of Nova Scotia Part VI: ACQUIESCENCE AND ESTOPPEL. Page VI - 1 August 17, 2001

A. Introduction. Phase Two Memorial of Nova Scotia Part VI: ACQUIESCENCE AND ESTOPPEL. Page VI - 1 August 17, 2001 Page VI - 1 PART VI: ACQUIESCENCE AND ESTOPPEL A. Introduction 1. There was little agreement between the parties as to the relevance of the principles of acquiescence and estoppel in Phase One of the arbitration:

More information

JOINT DECLARATION OF JUDGES RANJEVA, SHI, KOROMA AND PARRA-ARANGUREN

JOINT DECLARATION OF JUDGES RANJEVA, SHI, KOROMA AND PARRA-ARANGUREN 472 JOINT DECLARATION OF JUDGES RANJEVA, SHI, KOROMA AND PARRA-ARANGUREN Pre-preliminary nature of access to the Court The Court has already determined that the Respondent lacked access to it during the

More information

Arbitration Law in Eastern Europe. Elizabeth Shackelford* Although arbitration in some form has had a long history in Eastern Europe, 1

Arbitration Law in Eastern Europe. Elizabeth Shackelford* Although arbitration in some form has had a long history in Eastern Europe, 1 Arbitration Law in Eastern Europe Elizabeth Shackelford* Although arbitration in some form has had a long history in Eastern Europe, 1 international commercial arbitration as a private dispute mechanism,

More information

COMPARATIVE STUDY ON THE

COMPARATIVE STUDY ON THE COMPARATIVE STUDY ON THE SITUATION IN THE 27 MEMBER STATES AS REGARDS THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF VIOLATIONS OF PRIVACY AND RIGHTS RELATING TO PERSONALITY ANNEX III

More information

page 1 Delimitation Treaties Infobase accessed on 14/03/2002 DOALOS/OLA - UNITED NATIONS

page 1 Delimitation Treaties Infobase accessed on 14/03/2002 DOALOS/OLA - UNITED NATIONS page 1 Delimitation Treaties Infobase accessed on 14/03/2002 Convention between the Government of the French Republic and the Government of the Spanish State on the Delimitation of the Continental Shelves

More information

Opinion of Advocate General Jacobs delivered on 18 October Herbert Weber v Universal Ogden Services Ltd

Opinion of Advocate General Jacobs delivered on 18 October Herbert Weber v Universal Ogden Services Ltd Opinion of Advocate General Jacobs delivered on 18 October 2001 Herbert Weber v Universal Ogden Services Ltd Reference for a preliminary ruling: Hoge Raad der Nederlanden Netherlands Brussels Convention

More information

PETER EXPLOSIVE THE REPUBLIC OF OCEANIA

PETER EXPLOSIVE THE REPUBLIC OF OCEANIA INTERNATIONAL CHAMBER OF COMMERCE ICC ARBITRATION CASE NO. 28000/AC PETER EXPLOSIVE V. THE REPUBLIC OF OCEANIA SKELETON BRIEF FOR CLAIMANT 1st AUGUST 2016 JURISDICTION A. THE TRIBUNAL HAS JURISDICTION

More information

INTERNATIONAL COMMERCIAL ARBITRATION ENFORCEMENT OF FOREIGN AWARD AND NEW YORK AND GENEVA CONVENTION AWARDS

INTERNATIONAL COMMERCIAL ARBITRATION ENFORCEMENT OF FOREIGN AWARD AND NEW YORK AND GENEVA CONVENTION AWARDS INTERNATIONAL COMMERCIAL ARBITRATION ENFORCEMENT OF FOREIGN AWARD AND NEW YORK AND GENEVA CONVENTION AWARDS Types of International Commercial Arbitration : International Commercial Arbitration may be broadly

More information

Statute of limitation in FIDIC contracts concluded in the public procurement procedures

Statute of limitation in FIDIC contracts concluded in the public procurement procedures NEW PERSPECTIVES IN IN CONSTRUCTION LAW Statute of limitation in FIDIC contracts concluded in the public procurement procedures Zaira Andra BAMBERGER Lawyer - SCA Margarit Florov and Partners Bucharest

More information

Federal Law No. 19 of 1993 in respect of the delimitation of the maritime zones of the United Arab Emirates, 17 October 1993

Federal Law No. 19 of 1993 in respect of the delimitation of the maritime zones of the United Arab Emirates, 17 October 1993 Page 1 Federal Law No. 19 of 1993 in respect of the delimitation of the maritime zones of the United Arab Emirates, 17 October 1993 We, Zayed bin Sultan Al Nahayyan, the President of the United Arab Emirates,

More information

Agreement on encouragement and reciprocal protection of investments between the Republic of Kazakhstan and the Kingdom of the Netherlands.

Agreement on encouragement and reciprocal protection of investments between the Republic of Kazakhstan and the Kingdom of the Netherlands. Annex II Agreement on encouragement and reciprocal protection of investments between the Republic of Kazakhstan and the Kingdom of the Netherlands. The Republic of Kazakhstan and the Kingdom of the Netherlands,

More information

AND CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT ( NAFTA ) PROCEDURAL ORDER ON TWO DISPUTED ISSUES DATED 6 FEBRUARY 2015 (English Text)

AND CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT ( NAFTA ) PROCEDURAL ORDER ON TWO DISPUTED ISSUES DATED 6 FEBRUARY 2015 (English Text) IN THE MATTER OF AN INTERNATIONAL ARBITRATION UNDER THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW 2010 ( THE UNCITRAL ARBITRATION RULES ) AND CHAPTER ELEVEN OF THE NORTH

More information

SPORTS LAW THEORY: LEX SPORTIVA OLYMPICA

SPORTS LAW THEORY: LEX SPORTIVA OLYMPICA SPORTS LAW THEORY: LEX SPORTIVA OLYMPICA MOTIVATION FUNCTION OF SPORTS LAW Huiying XIANG Professor at the Shanghai University of Political Science and Law, Secretary General of Sports Law Center, China

More information

WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT

WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT Recognition through Education and Cultural Rights 12 th Session, Geneva, Palais des Nations 22-26 April 2013 Promotion of equality and opportunity

More information

Decision of the Dispute Resolution Chamber

Decision of the Dispute Resolution Chamber Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 15 May 2009, in the following composition: Slim Aloulou (Tunisia), Chairman Mario Gallavotti (Italy), member Caio Cesar Vieira

More information

INTERPRETATION IN INTERNATIONAL LAW

INTERPRETATION IN INTERNATIONAL LAW INTERPRETATION IN INTERNATIONAL LAW Interpretation in international law? Are there any principles concerning the interpretation of international law? What is the legal character of these principles? Do

More information

REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES

REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES George W. Cook (U.S.A.) v. United Mexican States 5 November 1930 VOLUMEIV pp. 661-664 NATIONS UNIES - UNITED NATIONS Copyright

More information

Supranational Elements within the International Labor Organization

Supranational Elements within the International Labor Organization Sebastian Buhai SSC 271-International and European Law: Assignment 2 27 March 2001 Supranational Elements within the International Labor Organization Scrutinizing the historical development of the general

More information

Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights

Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights Pace International Law Review Volume 19 Issue 1 Spring 2007 Article 4 April 2007 Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights Roy Goode Follow this

More information

The CISG at 35: its Assessment as a Treaty and as a Legislative Model

The CISG at 35: its Assessment as a Treaty and as a Legislative Model The CISG at 35: its Assessment as a Treaty and as a Legislative Model Luca Castellani Legal Officer, Secretariat Assessing the CISG Series of events to celebrate the 35 th anniversary of the CISG (ongoing)

More information

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA Statement by MR L. DOLLIVER M. NELSON, President of the International Tribunal for the Law of the Sea on the occasion of the SPECIAL SESSION OF THE ASSEMBLY

More information

Summary Not an official document. Summary 2017/1 2 February Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

Summary Not an official document. Summary 2017/1 2 February Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website: www.icj-cij.org Twitter Account: @CIJ_ICJ Summary

More information