Railway Land Arbitration

Abstract

Arbitration — Procedure and evidence — Issues introduced at late stage in proceedings — Admissibility of evidence — Jurisdiction — Reliance on equitable considerations

General principles of international law — Equity — Estoppel — Good faith — Negotiations between States — Shared misapprehension about municipal law of one party to negotiations — Liability of joint venture between two States to tax in one of the States — Estoppel — Requirements of representation, reliance and detriment — Equitable considerations — Inequity of allowing detriment to one party to outweigh concession by the other

Territory — Land in one State held by another State — Limitation on use of land — Potential for development — Applicable legal regime — Railway land held by Malaysia in Singapore — Points of Agreement, 1999 — Joint Statement, 2010 — Establishment of joint company to develop land — Whether subject to Singapore development charge

Treaties — Interpretation — Principles — Vienna Convention on the Law of Treaties, 1969 — Common intention of the parties — Negotiating positions — Subsequent practice — Amendment — Whether subsequent agreement amending earlier treaty — Principle of good faith