Atlantic Triton Company v. People’s Revolutionary Republic of Guinea

Abstract

Provisional measures — Jurisdiction of tribunal to recommend provisional measures — Company entering into management agreement with foreign State for management of fishing vessels — Company terminating agreement — Company obtaining attachment order over vessels in municipal courts of third State as security for debt owing by Contracting State prior to institution of proceedings — Whether icsid Convention and Rules and institution of icsid proceedings excludes jurisdiction of municipal courts to order provisional measures — Whether seeking provisional measures in municipal courts an abuse of process

Jurisdiction — Of tribunal — Management agreement between company and foreign State for conversion and operation of fishing vessels — Agreement, terminated by company, containing icsid arbitration clause — State claiming company liable for damages in respect of choice of vessels — Whether claim relating to “interpretation, application and execution” of agreement so as to be within jurisdiction of tribunal

Applicable law — Arbitration proceedings — Agreement containing icsid arbitration clause — Law governing proceedings — Tribunal deciding ex aequo et bono

State responsibility — For breach of contract — Management agreement between company and foreign State for operation and management of fishing vessels — Company validly terminating agreement — Debt due and owing to company under agreement — Tribunal deciding ex aequo et bono — Relevance and effect of consideration of behaviour of parties