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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

Arbitration Tribunal.  09 October 1998 .

Published online by Cambridge University Press:  01 January 2021

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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

Type
Case Report
Copyright
© Cambridge University Press 2000

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