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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

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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

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