Remarks On the Arbitral Sentence Pronounced By the President of the Argentine Re
Remarks On the Arbitral Sentence Pronounced By the President of the Argentine Re
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In our eReader you can find the full English version of the book. Read Remarks On the Arbitral Sentence Pronounced By the President of the Argentine Re Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Remarks On the Arbitral Sentence Pronounced By the President of the Argentine Re
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1), basing his decision on the legal proof resulting from the titles. They did not suppose that those titles might be insuffi- cient to establish their rights. If they had supposed it, and wishing to obtain a definitive sentence they would not have agreed upon an arbitration "juris, " but upon an arbitration in equity. The intrinsic character and the nature of the arbitral jurisdiction, relative to the delimitation of the territory, not being established in the agreement, we are undoubtedly to ...conclude that it is a case of a jurisdictio juris. However the parties have stipulated in Article 4 that, when- ever the documents and royal dispositions should not define in a clear and precise manner the domain of a territory, the arbiter should decide regarding this special territory according to equity, inspiring himself, as much as possible, by the royal dispositions and the spirit which dictated them. It appears to us as evident there- fore, that by interpreting this clause of Article 4 it appears that the parties did not wish to transform the substantial character of the arbitral jurisdiction with regard to all of the disputed territory, but that in stipulating regarding the disputed territory the arbiter should decide in his quality of judge in law, they have subsequently ad- mitted that in case the royal dispositions, the titles and documents should not constitute sufficient evidence of the sovereignty of a territory, then the arbiter, in this exceptional case, could decide as judge in equity.
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To quickly assess the difficulty of the text, read a short excerpt:
1), basing his decision on the legal proof resulting from the titles. They did not suppose that those titles might be insuffi- cient to establish their rights. If they had supposed it, and wishing to obtain a definitive sentence they would not have agreed upon an arbitration "juris, " but upon an arbitration in equity. The intrinsic character and the nature of the arbitral jurisdiction, relative to the delimitation of the territory, not being established in the agreement, we are undoubtedly to ...conclude that it is a case of a jurisdictio juris. However the parties have stipulated in Article 4 that, when- ever the documents and royal dispositions should not define in a clear and precise manner the domain of a territory, the arbiter should decide regarding this special territory according to equity, inspiring himself, as much as possible, by the royal dispositions and the spirit which dictated them. It appears to us as evident there- fore, that by interpreting this clause of Article 4 it appears that the parties did not wish to transform the substantial character of the arbitral jurisdiction with regard to all of the disputed territory, but that in stipulating regarding the disputed territory the arbiter should decide in his quality of judge in law, they have subsequently ad- mitted that in case the royal dispositions, the titles and documents should not constitute sufficient evidence of the sovereignty of a territory, then the arbiter, in this exceptional case, could decide as judge in equity.
What to read after Remarks On the Arbitral Sentence Pronounced By the President of the Argentine Re?
You can find similar books in the "Read Also" column, or choose other free books by Pasquale Fiore to read onlineMoreLess
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