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10.3 INTERNATIONAL ARBITRAL DECISIONS

10.3.1 Reported decisions

Reported international arbitral decisions are cited in the same way as decisions of the ICJ. The general form is:

Element

Case name

Parties’ names

Phase or type of decision

Year

Citation

Pinpoint reference

Examples

Southern Bluefin Tuna

(Australia v Japan)

(Jurisdiction and Admissibility)

(2000)

39 ILM 1539

Rainbow Warrior

(New Zealand v France)

(Judgment)

(1990)

82 ILR 499

at [101]

Rule

10.3.1(a)

10.3.1(b)

10.3.1(c)

10.3.1(d)

10.3.1(e)

10.3.1(f)

Eg Southern Bluefin Tuna (Australia v Japan) (Jurisdiction and Admissibility) (2000) 39 ILM 1539.

Eg Rainbow Warrior (New Zealand v France) (Judgment) (1990) 82 ILR 499 at [101].

(a) Case name

Where the decision includes a case name (that is, a name describing the subject matter of the decision or dispute other than the parties’ names), give the name in accordance with rule 10.2.1(b).

(b) Parties’ names

Where the decision has a case name, include the parties’ names after the case name in italics enclosed in round brackets. Where the decision does not have a case name, do not put the parties’ names in brackets. Always give the parties’ names in italics.

Use common names for countries in accordance with rule 1.1.7(d).

(c) Phase or type of decision

Indicate the phase or type of decision after the parties’ names in italics and enclosed in round brackets. The phase or type of decision will often be stipulated in the report.

(d) Year

Give the year of the decision in round brackets. If the report series is organised by year, give the year as part of the citation and do not repeat it.

(e) Citation

Give the citation to the report series being cited. Give the citation as consistently as possible with the rules for citing domestic decisions (see rule 3.2).

The International Law Reports (ILR) is a useful source of these decisions. They have been published continually since 1919 but under different titles:

The Reports of International Arbitral Awards (RIAA) are also often cited.

(f) Pinpoint reference

Where available, pinpoint to paragraph numbers. Pinpoint in accordance with rule 3.2.8.

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