Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-26T22:25:10.925Z Has data issue: false hasContentIssue false

Swiss Confederation v. German Federal Republic (No. 1).

Arbitral Tribunal for the Agreement on German External Debts.  03 July 1958 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law — Sources of — General principles of law — Principles of private international law — Use of comparative law — Absence of uniformity of laws — Effect of

Treaties — Interpretation of — Agencies of interpretation — Arbitral Tribunal — Interpretation by.

Treaties — Interpretation of — Principles of Interpretation — Effectiveness — Interpretation of arbitral undertakings — Possibility of conflicts between international tribunals — Whether to be avoided.

Reference to purposes — Intention of Parties — Liberal interpretation — Reasonableness — Use of preamble — Methods which can be simply and fruitfully applied — Reference to — Natural meaning — Surrounding circumstances.

Interpretation by Parties subsequent to conclusion — Weight to be attached — Permissibility of reference to evidence of interpretation if not referred to in argument.

Use of treaties of municipal law terms — Reference to municipal law for purposes of interpretation — Permissibility of — Multilingual treaties.

Preparatory work — Consideration of — Confirmatory character of — Absence of published record — Assertions of Parties as to content of — Whether of evidential value — History of origin of Agreement.

Treaties — Special kinds of — Peace Treaties — Analogous instrumenta — Agreement on German External Debts, 1953 — Annex VII — Private law contracts — Regulation by Agreement — Claims with speclftc foreign character — Criteria for determining such character — Place of payment situated abroad — Meaning of — Whether to be ascertained in accordance with municipal law — Application of rule relating to interpretation of treaties — Natural meaning of term “place of payment” in contradistinction to other meanings — Corroborated by history of Agreement — Gold clause — Debts with — Conversion of such debts — Under Agreement on German External Debts — Foreign creditors.

Arbitration — In general — Conception and function of arbitration — Decision on interpretation and application of international Agreement — In contradistinction to decision on claim.

Arbitration — In general — Law applied by arbitral tribunals — Private international law — Problem of lex fori — Choice of law in contract cases.

Arbitration — Procedure — Competence — Jurisdiction — Of Arbitral Tribunal for Agreement on German External Debts — Exclusive jurisdiction regarding interpretation or application of Agreement — Attempt to settle dispute by negotiation prior to submission to Arbitral Tribunal — Competence of other arbitral body yet not establlshed — Litispendence — Principle of perpetuatio fori — Dispute between Governments distinguished from dispute between private individuals — Request for decision distinguished from request for advisory opinion.

State responsibility — For wrongs unconnected with contractual obligations

Acts and omissions of State organs — Exhaustion of local remedies — Rule of — Applicability in arbitration proceedings — Absence of special provision for application — Case not involving claim on behalf of individual — Request for interpretation of Agreement as between States — Effect of — Exhaustion of local remedies under Agreement on German External Debts, 1953.

Acts of judicial organs of State — Denial of justice — Error of law — Error in application of Treaty — Whether State responsible.

Type
Case Report
Copyright
© Cambridge University Press 1963

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)