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Maritime International Nominees Establishment v. Republic of Guinea. 693 F.2d 1094

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 77 , Issue 2 , April 1983 , pp. 318 - 320
Copyright
Copyright © American Society of International Law 1983

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References

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).