Occ Min Bank SX.
an odd decilia for Mh to take. Thuestion
did not of course cate
©
us!
Q.
19.
"NB24/9
The
Question on Hong Kong
*
Hamar air
JHannah Rely
10.9.93
France IPPA
46
that French side proposed
International
Article
the
Court of
"President of the
Justice" referred to in
11 (2) (b) should be changed to "President of
International Chamber of Commerce". The British
side explained that the reason for making such an amendment was that the French side took the view that
the International Court of Justice was
appropriate as the appointing authority. explain specifically why the role should be played by
the President of the International Chamber of
Commerce instead.
101/1
not
Please
A.
+
The French delegation first proposed to use the
"United Nations Secretary General" as the appointing
authority in Article 11(2)(b), like in the PRC/France
IPPA.
The Hong Kong delegation felt that this
reference was not appropriate for Hong Kong, given
its non-sovereign status. The French delegation then
proposed the "President of the International Chamber
of Commerce".
As
we understand it, the French delegation took the
view that the "President of the International Chamber
of Commerce" was likely to have more specialized
experience than the "President of the International Court of Justice" in the appointment of a member of
an arbitral tribunal of the kind envisaged under
As the Chinese side will be aware, the
International Chamber of Commerce is a well respected
body and through its own Court of Arbitration, it has gained considerable experience in the composition of
tribunals for settlement of investment disputes.
Article 11.
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