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Maritime International Nominees Establishment v. Republic of Guinea
Published online by Cambridge University Press: 01 January 2021
Abstract
Arbitration — Agreement to arbitrate — icsid arbitration — Consent — Validity — Unilateral attempt to compel arbitration in alternative forum — Whether constituting improper attempt to avoid icsid arbitration
Procedure — Competence — icsid arbitration — Whether competence of tribunal excluding jurisdiction of municipal courts to enforce prior arbitral award — Attachment proceedings — icsid Convention, Article 26 — “Other remedy” — Definition — Whether attachment proceedings constitute “other remedy”
State responsibility — For breaches of contract — Contract between State and foreign company — Establishment of joint venture company with exclusive rights — Duty to perform contract in good faith — Secret negotiations and sale by State of exclusive rights to third party — Whether constituting breach of good faith
Damages — Measure of damages — Breach of State contract — Loss of profits — Method of assessment — Potential profits from agreement entered into in breach of contract — Projection over ten years — Interest — Rate of interest Date from which interest payable
Damages — Counterclaim — For breach of agreement to settle dispute by icsid arbitration — Measure of damages — Legal costs incurred in contesting improperly brought proceedings — Mitigating circumstances
Annulment — Grounds for annulment — icsid Convention, Article 52(1) Failure of award to state reasons on which it is based — Requirement of reasoned judgment — Contradictory reasoning — Whether any requirement to state reasons for award of costs — Failure to decide all the questions referred to the tribunal — Whether constituting grounds for annulment Tribunal manifestly exceeding its powers — Whether including failure by tribunal to apply any law or correct law
Annulment — Partial annulment — Consequences — Effect on parts of award not annulled — Res judicata — Annulment of award of damages — Whether automatically invalidating award of costs
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- © Cambridge University Press 1997