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GREENWOOD IN UK V MAURITIUS
As part of Law and Policy of International Courts and Tribunals, UCL
2 November 2015
Prepared by Ilse Reyes Tadillo and Jedsarit Sahussarungsi
PRESENTATION OUTLINE
Factual Background
Mauritiuss Position
UKs Position
Observations
FACTUAL BACKGROUND
[to be inserted]
MAURITIUSS POSITION
[to be inserted]
UKS POSITION
Standard to be applied
Rejecting (i) justifiable doubts test due to lack of textual basis; and (ii)
practices of commercial and investment arbitration and IBA Guidelines
In absence of laws applicable to the challenge, rules and practice of interstate courts and tribunals (i.e. ICJ and ITLOS) should be regarded as they are
identical in nature
UKS POSITION
Fulfilment of (i) standard of impartiality (Art.2(1) of Annex VII); and (ii) standard
of independence (Art.3(e) of Annex VII)
No actual bias no act related to the subject matter of the current dispute
Risk of Annulment does not exist (i) final and without appeal character of
the award under Art. 10 of Annex VII; (ii) in case of intervention, Netherlands
would breach international law; (iii) binding even Dutch court were to decide
such a case; and (iv) case cited by Mauritius has nothing to do with inter-state
arbitration;
JUDGE GREENWOODS
COMMENTS
OBSERVATIONS
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