English Court of Appeal (Civil Division) rules that English principle on nonjusticiability of international agreements does not apply where issue arises out of UNCITRAL arbitration expressly contemplated by investment agreement between U.S. and Ecuador.

From: International Law Update | Date: February 1, 2006 | Copyright information

On May 11, 1997, a Bilateral Investment Treaty (BIT) between the United States and The Republic of Ecuador entered into force. The BIT dealt with "the encouragement and reciprocal protection of investment" in each country by the nationals and companies of the other, and its aim was "to promote greater economic cooperation and investment between the parties." Article VI of the Treaty provided that, should an "investment dispute" arise, the nationals and companies of one country woul...

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