10.3 INTERNATIONAL ARBITRAL 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 |
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.
The general form of citation for unreported international arbitral decisions is:
|
Element |
Case name |
Parties' names |
Phase or type of decision |
Name of arbitral body, tribunal or arbitrators |
Case number |
Date |
Pinpoint reference |
|
Examples
|
Arrest and Return of Savarkar |
(France v Great Britain) |
(Award) |
PCA |
24 February 1911 |
|
|
|
Abaclat v Argentina |
(Jurisdiction and Admissibility) |
ICSID |
ARB/07/5, |
4 August 2011 |
at [293] |
|
Rule |
Eg Arrest and Return of Savarkar (France v Great Britain) (Award) PCA 24 February 1911.
Eg Abaclat v Argentina (Jurisdiction and Admissibility) ICSID ARB/07/5, 4 August 2011 at [293].
(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 and 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).
Eg Libananco Holdings Co Ltd v Turkey (Award) ICSID ARB/06/8, 2 September 2011.
(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 on the award.
Eg Al-Bahloul v Tajikistan (Partial Award on Jurisdiction and Liability) SSC V (064/2008), 2 September 2009 at [168].
(d) Name of the arbitral body, tribunal or arbitrators
After indicating the phase or type of decision, give the name of the arbitral body or tribunal.
Commonly accepted abbreviations such as ICSID (International Centre for Settlement of Investment Disputes), LCIA (London Court of International Arbitration), PCA (Permanent Court of Arbitration) and SSC (Arbitration Institute of the Stockholm Chamber of Commerce) may be used. If there is not a commonly accepted abbreviation for the arbitral body or tribunal, give the name in full.
Eg Berschader v Russia (Award) SSC 080/2004, 21 April 2006.
Eg Yukos Universal Ltd v Russia (Jurisdiction and Admissibility) PCA AA 227, 30 November 2009 at [544].
If the arbitral body or tribunal is an ad hoc one, give the name of the arbitrator or arbitrators. Give the first name and/or initials and last name of the arbitrators as they appear on the decision. Do not include honorifics.
Eg Walter Bau AG (in liq) v Thailand (Award) Ian Barker, Marc Lalonde, Jayavadh Bunnag 1 July 2009 at [9.60].
(e) Case number
Where the decision has a case number, give this after the name of the arbitral tribunal or body. Do not include the phrase “case no” even if this appears with the case number on the decision.
Eg Occidental Exploration and Production Co v Ecuador (Award) LCIA UN 3467, 1 July 2004 at [178].
NOT Occidental Exploration and Production Co v Ecuador (Award) LCIA Case no UN 3467, 1 July 2004 at [178].
(f) Date
Give the full date of the decision. Separate the case number and the date with a comma.
(g) Pinpoint reference
Where available, pinpoint to paragraph numbers. Pinpoint in accordance with rule 3.2.8.