State Responsibility — Claims — In General — Right of Claimant to Change Legal Basis of Action — Substitution of Claim to Arbitrate under Treaty for Claim Based on General International Law.
State Responsibility — Prescription — Extinctive Prescription — Extent of Application of Principle — Absence of Rule Laying Down Time Limit — Allegations of Undue Delay — Relevance to Evidential Requirements.
Treaties — Interpretation of — Principles and Rules of — Interpretation of Expressions “Justice”, “Right” and “Equity” by Reference to Rules of Municipal Law of Signatory — Interpretation of Expression “Free Access to the Courts” — “Administration of Justice” Interpreted as Subject Matter Allied to “Commerce and Navigation” in Most-Favoured-Nation Treaty — Interpretation by Reference to Customs of Period of Signature of Treaty — Interpretation by Reference to Intention of the Parties
Treaties — Special Kinds of Treaties — Commercial Treaties — Most-Favoured-Nation Clause — Nature of — Power to Attract Only Matters of Same Category of Subject — “Administration of Justice” as Subject Allied to “Commerce and Navigation” — Inability to Incorporate in Treaty Provisions of International Law — Guarantee of “Justice”, “Right”, “Equity”, “ Free Access to the Courts” — Meaning of These Terms
Arbitration — Evidence — Rules of — Burden of Proof — Allegation of Denial of Justice — Need to Prove Existence of Remedies Not Used — Contention that Available Remedies Ineffective — Test of Assumption of Truth of Facts Claimed.
State Responsibility — For Breaches of Contractual Obligations — Allegation of Breach of Contract of Sale — Finding that No Binding Agreement Reached — Allegation of Delay in Presenting Claim — Prescription — Absence of Rule of International Law Laying Down Time Limit — Right of Claimant to Change Legal Basis of Action — Substitution of Claim to Arbitrate under Treaty for Claim Based on General International Law — Most-Favoured-Nation Clause — Nature of — Power to Attract Only Matters of Same Category of Subject — “Administration of Justice” as Subject Allied to “Commerce and Navigation” — Inability to Incorporate in Treaty Provisions of International Law — Interpretation of Treaty — Interpretation of Expressions “justice”, “right” and “equity” by Reference to Rules of Municipal Law of Signatory — Interpretation of Expression “free access to the courts” — What Constitutes Denial of Access — Defence of Non-exhaustion of Legal Remedies — Burden of Proof in Arbitration Proceedings — Need to Prove Existence of Remedies Not Used — Contention that Available Remedies Ineffective — Test of Assumption of Truth of Facts Claimed — Need for Exhausting Whole System of Legal Protection of Municipal Courts — Failure to Call Available Witness — Failure to Exhaust Appellate Rights — Failure to Put Forward Claim in Municipal Courts.
