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Amco Asia Corporation and Others v. The Republic of Indonesia

International Centre for the Settlement of Investment Disputes, Arbitration Tribunals.  25 September 1983 ; 09 December 1983 ; 20 November 1984 ; 16 May 1986 ; 10 May 1988 ; 31 May 1990 ; 10 October 1990 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Arbitrators — Disqualification — Arbitrator appointed by party to arbitration — Previous connection with party — Whether grounds for disqualification — Duties of party-appointed arbitrator

Arbitration — Award — Annulment — Grounds for annulment — Failure to decide all the questions referred to the Tribunal — Failure to state reasons on which award based — Consequences of partial annulment — Resubmission of case to new arbitration Tribunal — Whether those parts of first award which were not annulled constitute res judicata — Jurisdiction of Tribunal on resubmission of case

Arbitration — Law governing arbitration — ICSID Arbitration — Proceedings for annulment of award — Law governing annulment proceedings — Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Principles and rules of treaty interpretation generally recognized in international law

Arbitration — Jurisdiction of arbitration Tribunal — Arbitration clause in contract between government and company — Whether clause to be restrictively construed — Standing of claimant company — Corporate group — Which company within group entitled to initiate arbitration proceedings

Expropriation — Taking of property — Contractual rights — Company entitled to share in profits from hotel — Whether takeover of hotel a taking of rights under the contract — Whether causing loss — Principles of international law regarding expropriation — Concept of acquired rights — Due process — Measure of compensation — ICSID Convention, Article 42(1)

Damages — For expropriation — Measure of damages — Contractual rights — Damnum emergensLucrum cessans — Methods of valuation — Discounted cash flow method — Access of company to daily cash flow generated by business subject to fiduciary duties — Effect on compensation

International tribunals — ICSID system — Arbitration — Challenge to award of arbitration tribunal — Reference to ad hoc Committee under ICSID Convention, Article 52(3) — Effect of partial annulment — Resubmission of case to new arbitration tribunal

Nationality — Companies — Corporate group — Company investing in foreign State — Wholly-owned subsidiary incorporated in State of investment — Whether treated as foreign business for purpose of international law — Parent company's existence determined by law of State of incorporation

State responsibility — For injury to aliens — Duty to protect aliens — Duty to protect from arbitrary action by officials — State responsibility for judicial acts — Whether limited to cases of denial of justice

Sources of international law — Equity — Whether part of international law — Distinction between equity and power of Tribunal to decide ex aequo et bono

Treaties — Interpretation — Principles of interpretation — Good faith — ICSID Convention — Whether principle that arbitration provisions should be restrictively interpreted

Type
Case Report
Copyright
© Cambridge University Press 1992

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