Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-19T09:28:42.752Z Has data issue: false hasContentIssue false

Bengtson v. Federal Republic of Germany.

Arbitral Commission on Property, Rights and Interests in Germany.  08 July 1959 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Sources — Principles of international law — When a rule can be regarded as a principle.

Arbitration — Procedure — Voting in arbitral commission — Abstention from voting — Effect of.

Arbitration — Procedure — Arbitral Commission on Property, Rights and Interests in Germany — Procedure regarding replacement of Members of Commission — Procedure concerning disqualification of Members — Absence of rules of international law on such procedure — Non-participation of challenged Member in decision on the objection — Whether an absolute rule — Voting in disqualification procedure — Written statement by challenged Member — Whether required.

Arbitration — In general — Arbitration treaty — Appointment and withdrawal of arbitrators — National judges — Rôle and function of — Treaty law, case-law and views of writers on subject — Challenge of member of Commission — Right of challenge — Disqualification of member of Commission — Disqualification under general rules or principles of international law — Grave reasons — Disqualification in national laws — Whether such laws applicable — “Fear of partiality” as reason for disqualification — Case-law on disqualification of members of arbitral bodies — Treaty law on subject — Charter of Arbitral Commission on Property, Rights and Interests in Germany.

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.)