Case Concerning the Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal)

In: International law reports, Band 92, S. 1-161

Abstract

1Arbitration — Award — Validity — Award adopted by two votes to one — President of Tribunal voting in favour of Award but appending separate declaration — Whether contradiction between operative part of Award and separate declaration — Whether annulling President's vote — Arbitrator absent from delivery of Award — Effect of absence — Reasoning of Award — Whether sufficient — Arbitration Agreement posing two questions to tribunal — Second question not answered in Award — Whether answer to second question unnecessary in light of answer to first question — Allegations of excès de pouvoirInternational Court of Justice — Provisional measures of protection — Whether Court must satisfy itself it has jurisdiction on the merits before indicating provisional measures — Relationship between provisional measures requested and dispute before the Court — Court seised of dispute concerning validity of Arbitral Award regarding maritime boundaries — Arrest of vessels fishing in disputed area — Whether Court should indicate provisional measures concerning arrest of vessels — Whether sufficiently connected with dispute before the CourtInternational Court of Justice — Jurisdiction — Statute of the International Court of Justice, Article 36(2) — Challenge to the validity of Arbitral Award — Whether within jurisdiction of the CourtSea — Maritime boundaries — Delimitation — Agreement between France and Portugal regarding maritime boundaries between Senegal and Guinea-Bissau — Whether valid — Arbitral Award upholding validity of Agreement