contra proferentem rule has arisen particularly in relation to unilateral declarations under the Optional Clause, Article 36(2) of the Statute of the International court of Justice (ICJ).

Keywords:Arbitral tribunals; contra proferentem rule; customary international law ; International court of Justice (ICJ); international tribunals; jurisdiction; restrictive interpretation

,

This chapter examines the jurisprudence of international arbitral tribunals in order, particularly, to indicate what common principles have evolved pertaining to their jurisdiction and discuss the jurisdictional practice of the Iran-US Claims Tribunal. It made two preliminary observations. First, the concern is with jurisdiction in international disputes. The meaning of "international disputes" has been elucidated by me in the author's treatise Jurisdiction of International Tribunals. The jurisdiction studied here is restricted to international disputes as there explained. Second, the chapter is confined to international tribunals, as also defined there, and only to international arbitral tribunals. Arbitration generally or basically has as parties states or international organizations or such international entities. Long-term arbitral bodies of an ad hoc nature, such as the Iran-US Claims Tribunal have functioned and function successfully, though they are not permanent bodies.

Keywords:arbitration; international arbitral tribunals; international disputes; Iran-US Claims Tribunal

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Consent As The Basis Of Jurisdiction

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Chapter Summary

[

It is to be supposed that the general principles of interpretation of treaties would apply equally to instruments submitting to the jurisdiction of international tribunals. According to these principles the ordinary meaning of the text in context would be given a certain primacy with good faith and teleology having an important place. Arbitral tribunals have applied these principles in interpreting compromissory clauses. The principle of restrictive interpretation in respect of treaty law in general, if such exists, is based on the notion that "restrictions on sovereignty cannot be presumed" which emanated in regard to the creation of customary international law in general from a pronouncement of the PCIJ in the Lotus Case. The problem of applying the contra proferentem rule has arisen particularly in relation to unilateral declarations under the Optional Clause, Article 36(2) of the Statute of the International court of Justice (ICJ).

Keywords:Arbitral tribunals; contra proferentem rule; customary international law ; International court of Justice (ICJ); international tribunals; jurisdiction; restrictive interpretation

,

This chapter examines the jurisprudence of international arbitral tribunals in order, particularly, to indicate what common principles have evolved pertaining to their jurisdiction and discuss the jurisdictional practice of the Iran-US Claims Tribunal. It made two preliminary observations. First, the concern is with jurisdiction in international disputes. The meaning of "international disputes" has been elucidated by me in the author's treatise Jurisdiction of International Tribunals. The jurisdiction studied here is restricted to international disputes as there explained. Second, the chapter is confined to international tribunals, as also defined there, and only to international arbitral tribunals. Arbitration generally or basically has as parties states or international organizations or such international entities. Long-term arbitral bodies of an ad hoc nature, such as the Iran-US Claims Tribunal have functioned and function successfully, though they are not permanent bodies.

Keywords:arbitration; international arbitral tribunals; international disputes; Iran-US Claims Tribunal

]

10.1163/ej.9789004181335.i-284.22
/content/books/10.1163/ej.9789004181335.i-284.22
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