Published online by Cambridge University Press: 27 February 2017
1 The tribunal awarded Guinea $210,000 for its counterclaim, finding that MINE had improperly attached Guinea’s property in other forums, in disregard of ICSID’s exclusive jurisdiction over the dispute. The tribunal awarded Guinea less than its full expenses incurred in defending the attachments, however, because MINE’S conduct was partially excused by other factors.
2 Case No. ARB/84/4, slip op. at 29, reprinted in Int’l Arb. Rep., January 1988, at A.
3 Slip op. at 32.
4 The tribunal cited Article 1134 of the French Civil Code, without engaging in any discussion or explanation of its choice of law. The tribunal cited no other statutes or decisions.
5 See note 1 supra.
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