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Republic of Portugal v. Algemene Oliehandel International
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Waiver of immunity — Default judgment entered against foreign State — Whether lodging objection to default judgment constituting waiver of immunity by foreign State
Diplomatic relations — Diplomatic agents — Statement by diplomatic agents that State might pay arbitral award made against company — Company controlled by nationalized banks of State — Whether making of statements constituting a firm commitment by State to pay award — Principle of good faith
Arbitration — Enforcement of award — Award made against corporation controlled by nationalized banks of foreign State — Action against foreign State for enforcement of award in municipal courts — State immunity — Whether courts having power to enforce arbitral award by seizure of property belonging to foreign State
State responsibility — For debts — Arbitral award against corporation controlled by nationalized banks of foreign State — Enforcement proceedings against foreign State — Whether foreign State liable for acts of nationalized banks and corporation Economics, trade and finance — Nationalized banks — Banks owning controlling interest in corporation — Scope and nature of financial obligations to corporation — The law of the Netherlands
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- © Cambridge University Press 1994