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Practice When There Is No Conflicts Provision. Examples of Application of Law Other than National Law

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Chapter Summary

In the majority of cases involving relations of intergovernmental organizations (IGOs) with private parties there is no provision on applicable law. This chapter concentrates upon the question whether the relationship is governed by national law or some other law, such as internal law of the organization, international law or general principles of law. It considers three important practical examples which may throw some light upon this question. Many IGOs establish special relationships with non-governmental organizations (NGOs) working within the same field by granting them consultative status or by entering into special co-operation agreements with them. The International Bank for Reconstruction and Development grants loans to its member States and to public and private companies in these. An important arbitral award concerned the failure of commercial firm to deliver to an IGO certain commodities pursuant to a contract of sale and to co-operate in the arbitration provided for in the contract.

Keywords:arbitral award; conflicts provision; intergovernmental organizations (IGOs); international bank loan agreements; national law; non-governmental organizations (NGOs)



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