Dalmia Cement Ltd. v. National Bank of Pakistan

Abstract

International law in general — Relation to municipal law — Definition of war — Whether the same in international law and common law

States as international persons — In general — Sovereignty and independence — Conclusiveness of statements of the Executive — Statement concerning existence of state of war — Whether conclusive in international arbitration under International Chamber of Commerce Rules — Whether conclusive if arbitrator applies municipal law

International organization and administration — The United Nations — Legal nature of the United Nations — Obligations of membership — Armed conflict between members — Whether capable of amounting to war — Presumption against existence of state of war between members of the United Nations

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration under International Chamber of Commerce Rules — Conclusiveness of Executive statements

War and neutrality — In general — Effects of outbreak of war — On private contracts — Arbitration clause in bank guarantee

War and neutrality — In general — Termination of war — Armistice agreement and agreement to restore normal relations — Whether terminating war — Intention of parties

War and neutrality — In general — Definition and technical meaning of war — Whether one definition of war exists for all purposes Distinction between war and armed conflict not amounting to war — Whether objective or subjective — Animus belligerendi — Evidence of — Broadcast by Head of State — Relevance of parties' membership of the United Nations — Presumption against the existence of a state of war — Declaration of war — Hostilities between India and Pakistan in September 1965 — Whether amounting to war

Termination of war — Whether war can be terminated by armistice agreement — Effects of Tashkent Declaration, 1966

Effects of outbreak of war — On private contracts — Arbitration clause

Arbitration — International commercial arbitration under International Chamber of Commerce Rules — Role of arbitrator — Whether statement by Executive that a State was at war conclusive in international arbitration — Whether statement conclusive if arbitrator is applying municipal law.