Archivo de Etiquetas: arbitral tribunal

Philippines Initiates Arbitration Against China over South China Seas Dispute Today, the Philippines has initiated arbitral proceedings against China with regard to China’s claims over much of the South China seas. Those Chinese claims have led to serious disputes between China and several of its neighbours in East Asia with those disputes …

Philippines Initiates Arbitration Against China over South China Seas Dispute Today, the Philippines has initiated arbitral proceedings against China with regard to China’s claims over much of the South China seas. Those Chinese claims have led to serious disputes between China and several of its neighbours in East Asia with those disputes …

Immunity of Warships: Argentina Initiates Proceedings Against Ghana under UNCLOS Another chapter has begun in the saga of NML Capital Ltd’s attempts to collect on its holdings of Argentinean bonds (see here for earlier reporting on EJIL:Talk!) with the initiation of inter-State proceedings by Argentina against Ghana under the 1982 …

The Saga Continues: Argentina’s Request for Provisional Measures v Ghana before the ITLOS On 14 November 2012 Argentina filed a Request for provisional measures before the International Tribunal of the Law of the Sea (ITLOS) based in Hamburg, Germany in accordance with Article 290(5) of the United Nations Convention on …

State Identity, Continuity, and Responsibility: The Ottoman Empire, the Republic of Turkey and the Armenian Genocide Vahagn Avedian is a PhD candidate in the Department of History, Lund University and Chief Editor of Armenica.org. This post summarises his article which was published in (2012) 23 EJIL 797-820. The Republic of Turkey’s …

Oil exploration around the Falklands (Malvinas) In June, I looked at the longstanding sovereignty dispute over the Falklands Islands (Malvinas) on the occasion of the 30-year anniversary of the 1982 war. I revisit this topic today to examine the question of investor protection in areas where sovereignty is disputed, taking the Falklands (Malvinas) …

Date of dispatch to the parties: November 1, 1999 Before the Arbitral Tribunal constituted under Chapter Eleven of the North American Free Trade Agreement, and comprised of: CASE No. ARB(AF)/97/2 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ADDITIONAL FACILITY) B E T W E E N: ROBERT AZINIAN, KENNETH DAVITIAN, …

ARGENTINE — CHILE FRONTIER CASE [1] PARTIES: Argentine, Chile COMPROMIS: Agreement of 1st April, 1965 [2] ARBITRATOR: Elizabeth II, Queen of the United Kingdom of Great Britain and Northern Ireland [3] AWARD: 9 December, 1966 REPORT OF THE COURT OF ARBITRATION: 24 November, 1966 Delimitation of certain portions of the …

CASE CONCERNING THE ARBITRAL AWARD MADE BY THE KING OF SPAIN ON 23 DECEMBER 1906 (HONDURAS v. NICARAGUA) Arbitration.—Contention that arbitrator not regularly designated and Award a nullity.—Acceptance of designation of arbitrator and of Award.—Grounds of nullity invoked.—Executability of Award. JUDGMENT Present: President Klaestad; Vice-President Zafrulla Khan; Judges Hackworth, Winiarski, …

APPLICABILITY OF THE OBLIGATION TO ARBITRATE UNDER SECTION 21 OF THE UNITED NATIONS HEADQUARTERS AGREEMENT OF 26 JUNE 1947   Headquarters Agreement between the United Nations and the United States of America — Dispute settlement clause — Existence of a dispute — Alleged breach of treaty — Significance of behaviour …

AMCO v. Republic of Indonesia: Resubmitted Case Decision on Jurisdiction A. BACKGROUND 1.       On January 15, 1981 Amco Asia Corporation (“Amco Asia”), Pan American Development Limited (“Pan American”) and PT Amco Indonesia (“P.T. Amco”) filed with the Secretary General of ICSID a Request for Arbitration against the Republic of Indonesia. …

Case concerning the Air Service Agreement of 27 March 1946 between the United States of America and France Decision of 9 December 1978 Characterization of questions of facts and issues of law—Application of the rule of exhaus­tion of local remedies in cases of diplomatic protection distinguished from application of the …