Saudi Arabia v. Arabian American Oil Company (Aramco).

Abstract

Arbitration — The law to be applied — Systems of law prescribed in Arbitration Agreement — Exclusion of law of country of seat of tribunal — Residuary application of international law — Application of law of State Party subject to rules of private international law — Concession Agreement as fundamental law of Parties — Rejection by Tribunal of specific foreign legal systems.

Arbitration — The arbitration treaty — Failure of parties to agree on question to be submitted to arbitration — Provision for each party to submit own question to Tribunal.

Arbitration — Death of arbitrator — Procedure on.

Arbitration — Procedure — Competence to determine jurisdiction — Limitation of — Absence of power to act as friendly mediator Limitation of competence to decide questions indicated by parties — Absence of power to suggest measures of reconciliation between conflicting contractual agreements — Extension of competence by agreement between parties — Competence to pass judgment on exercise of sovereign rights.

Arbitration — Procedure — Rules of — Translation of proceedings.

Arbitration — The award — Declaratory nature of — Agreement as to.

Arbitration — The award — Declaratory award — Nature of.

Arbitration — The award — Revision by courts of country where arbitration held.

Arbitration — Arbitral tribunals — Exemption from interference by Government of country where sitting, when a State is a Party.

International Court of Justice — Advisory jurisdiction — Competence to examine question in abstract form.

Permanent Court of International Justice — Contentious jurisdiction — Declaratory Judgments.

State responsibility — For interference with concessionary contracts — Respect for acquired rights — Subsequent contract with another concessionaire containing conflicting provision — “ Right of priority ” for transport of oil as to which first concession gave exclusive right — Supremacy of provisions of first concession — Right of transport as acquired right — Whether capable of being affected by agreement between Government and third party — Whether concessionary contract exempts grantee from regulatory powers of granting Government — Nature of concessions — Oil concession — Right of supervision or intervention of grantor State — Concession agreement and acquired rights — Right of ownership of oil extracted by concessionaire — Absence of express provision — International effects of concession — Principles of interpretation of concession agreement — “ Plain, ordinary and usual sense ” of terms — Reference to dictionary definitions — Principles of restrictive interpretation — Relevance of a State being party to contract — Contra proferentem rule — Distinction between public service concessions and concessions for exploitation of raw materials — Ascertainment of intention of parties by reference to their conduct — Whether concession contract can constitute State legislative enactment.