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Groupement d'Entreprises Fougerolle v. CERN
Published online by Cambridge University Press: 01 January 2021
Abstract
International organizations — Immunity — Jurisdictional immunity — European Organization for Nuclear Research (“cern”) — Dispute concerning construction contract — Contract providing for ad hoc arbitration — Arbitral award — Application to municipal court for annulment of award — Whether CERN entitled to jurisdictional immunity — cern-Switzerland Headquarters Agreement, 1955 (Articles 1 and 6) — Scope of immunity of cern from legal process — Whether entitled to absolute immunity — Requirement for cern to make provision for settlement of disputes (Article 24 of Agreement) — Whether provision in contract for ad hoc arbitration constituting waiver of immunity — Nature of arbitration procedure — Whether excluding jurisdiction of courts of forum State
Arbitration — Agreement to arbitrate — Ad hoc arbitration between international organization and private company — Arbitration clause inserted in contract — Whether excluding jurisdiction of forum State
Arbitration — Award — Recognition — Action for annulment before municipal courts — Arbitration between international organization and private company — Provision in arbitral agreement that award shall be final — Whether jurisdiction of courts of forum State excluded — The law of Switzerland
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