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The Channel Tunnel Group Limited and France-Manche SA v. Secretary of State for Transport of the Government of the United Kingdom of Great Britain and Northern Ireland and Le Ministre de l’Equipement, des Transports, de l’Aménagement du Territoire, du Tourisme et de la Mer du Gouvernement de la République Française
Published online by Cambridge University Press: 01 January 2021
Abstract
Arbitration — Jurisdiction — Multiple parties — Channel Tunnel Concession Agreement — Provision for arbitration of issues between the two concessionaires and the two governments — Extent of jurisdiction — Whether claims having to be based upon Concession Agreement — Whether claimants also entitled to invoke general international law and treaties between the United Kingdom and France — Provision that arbitrators nominated by the concessionaires not entitled to vote on matters of treaty interpretation — Scope of exclusion — Whether requiring arbitrators nominated by the concessionaires not to take part in discussion
Arbitration — Applicable law — Distinction between applicable law and source of rights and obligations of the parties — Channel Tunnel Concession Agreement — Whether sole source of rights and obligations between the governments and the concessionaires — Relevance of general international law — Relevance of treaties between the United Kingdom and France
Arbitration — Procedure — Responsibility and quantum dealt with in separate phases — Finding of responsibility against both United Kingdom and France — Apportionment of responsibility for compensation — Whether a matter for the responsibility or quantum phase
Economics, trade and finance — International contracts — Concession Agreement between operators of Channel Tunnel and France and the United Kingdom — Government law — Principles of interpretation — Principles of treaty interpretation applicable to interpretation of international law contract between State and private party — Nature of Channel Tunnel legal regime — Whether imposing joint and several responsibility upon governments — Exclusivity — Whether precluding grant of subsidy to ferry operator
Jurisdiction — Public order — Channel Tunnel — Attacks on Channel Tunnel terminal by clandestine migrants seeking to reach United Kingdom — Responsibility of France and the United Kingdom — Whether United Kingdom possessing any jurisdiction on French territory — Whether United Kingdom responsible for disorder in France — Channel Tunnel legal regime
Sea — Tunnel — Channel Tunnel between France and United Kingdom — Legal regime applicable to Channel Tunnel — Treaty of Canterbury between United Kingdom and France, 1986 — Concession Agreement between France and United Kingdom and concessionaires — Nature of jurisdiction under Channel Tunnel legal regime
State responsibility — Joint and several responsibility — International Law Commission Articles on State Responsibility — Article 47 — Channel Tunnel Concession Agreement — Whether imposing joint and several responsibility upon France and United Kingdom — Public order violations in France — Attacks on Channel Tunnel terminal by clandestine migrants seeking entry to United Kingdom — Failure of French authorities to prevent — Whether engaging responsibility of United Kingdom — Joint organ — Intergovernmental Commission — Failure of action by Intergovernmental Commission — Whether entailing responsibility of United Kingdom as well as France
Treaties — Interpretation — Treaty authentic in two languages — Discrepancies between different texts — Application of principles of treaty interpretation to international contract between private parties and States — Context — Object and purpose — Resolution of discrepancies between different language texts
Territory — Sovereignty over territory — Policing as exercise of sovereign power — Channel Tunnel between France and United Kingdom — Disorder in France at Channel Tunnel terminal — Attacks on terminal by clandestine migrants seeking entry to United Kingdom — Responsibility of France to prevent — Whether engaging responsibility of the United Kingdom
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