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Maritime International Nominees Establishment v. Republic of Guinea

ICSID (Arbitration Tribunal).  06 January 1988 ; 14 December 1989 .

Published online by Cambridge University Press:  01 January 2021

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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

Type
Case Report
Copyright
© Cambridge University Press 1997

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