Arbitration — Agreement to arbitrate — International Chamber of Commerce arbitration — Whether State a party to contract — Signature by State of terms of reference pursuant to ICC Arbitration Rules — Express reservation as to jurisdiction of Tribunal — Award affirming jurisdiction of Tribunal

Arbitration — Award — Recognition — Action for annulment before municipal courts — Whether award made in absence of arbitration agreement — ICC arbitration — New French Code of Civil Procedure, Articles 1502 and 1504

Arbitration — Procedure — Competence of arbitral tribunal to determine its own competence — Whether decision on competence is subject to review by municipal courts — New French Code of Civil Procedure, Articles 1502 and 1504

State immunity — Waiver — Arbitration — Whether signature of terms of reference constitutes submission to jurisdiction of arbitral tribunal — Whether lodging of defence on merits constitutes waiver of immunity

Economics, trade and finance — State contracts — State-owned entity endowed with independent legal personality — Conclusion of contract with foreign private company — Whether State-owned company acts on behalf of State — Supervisory control by government minister — Counter-signature of contract as “approved, agreed and ratified” — Whether rendering State a party to the contract

State responsibility — Contractual obligations — State-owned entity — Conclusion of concessionary contract with foreign private company — Whether State-owned entity acts on behalf of State — Circumstances in which State becomes a party to such a contract — The law of France