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In the Matter of an International Arbitration under the UNCITRAL Rules between Sandline International Inc. and the Independent State of Papua New Guinea
Published online by Cambridge University Press: 01 January 2021
Abstract
Arbitration — Tribunal — Status — Distinction between international and domestic arbitration — Agreement between State and foreign company — Provision for UNCITRAL arbitration — Whether international arbitration — Applicable law — Public policy
Relationship of international law and municipal law — Customary international law — As part of English law — Contract between State and foreign company — Contract governed by English law — Whether including international law — Principle that State cannot rely upon internal law to avoid international obligation — Whether exception to principle that courts will not enforce contract illegal by law of place of performance
State responsibility — Imputability — Ultra vires acts of officials — Acts in official capacity — Whether acts of the State — Contractual obligations of the State — Contract with foreign company — Whether international obligations
War and armed conflict — Internal conflict — Government obtaining military assistance from foreign private company
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- © Cambridge University Press 2000