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Elf Aquitaine Iran v. National Iranian Oil Company

Sole Arbitrator.  14 January 1982 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Agreement between State corporation and foreign corporation containing arbitration clause — Arbitration as the sole means of settling disputes — Effect of Iranian legislation seeking to override arbitration clause — Applicability of Iranian law excluded by the Agreement — Competence of the arbitrator to determine his own competence — Severability of the arbitration clause

Relationship of international law and municipal law — Agreement between State corporation and foreign corporation — Applicability of considerations of equity and generally recognized principles of law and, in particular, international law — Exclusion of law of contracting State

Remedies — Requirement of exhaustion of local remedies — Whether applicable to contract containing an arbitration clause

Type
Case Report
Copyright
© Cambridge University Press 1994

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