AGLC4 Rule 11.2.1: Individual-State Decisions: Reported Decisions

A reported decision between an individual and a state is named by its parties, as in a domestic case, followed by the phase, the year, volume and report series, the starting page of the decision cited, and a pinpoint. Arbitrators are named only after pinpoints to separate or dissenting opinions or declarations. As with state disputes, a report is usually needed only where the decision is hard to find or there is good reason.

AGLC4 page 172

Formatting

  • The parties form the case name and follow rules 2.1 and 11.1.1: italic, separated by an italic v, keeping corporate words such as Corporation, Inc and Ltd.
  • The phase follows rule 10.2.3 and is italic in italic round brackets; a date in it is kept where needed to distinguish decisions.
  • Year, volume and report series follow rules 2.2.1 to 2.2.3, with the year in round brackets for volume organised series.
  • The year is that of the decision cited, not the start of the proceedings.
  • The starting page is the first page of the decision cited, not of the whole case, and a pinpoint is never used in its place.
  • A comma separates the starting page from the pinpoint (rule 10.2.7).
  • An arbitrator's name, with a title such as Dr where appropriate, follows the pinpoint in round brackets only for a separate or dissenting opinion or declaration.

Examples

Quoted from the Guide, page 172
  1. 6
    SD Myers v Canada (Partial Award) (2000) 40 ILM 1408, 1457 (Dr Bryan Schwartz).
  2. 7
    Ethyl Corporation v Canada (Award on Jurisdiction) (1998) 38 ILM 708.
  3. 8
    Chas T Main International Inc v Mahab Consulting Engineers Inc (Award) (1983) 3 Iran–US CTR 270.
  4. 9
    Southern Pacific Properties (Middle East) Ltd v Egypt (Decision on Jurisdiction of 27 November 1985) (1985) 3 ICSID Rep 112, 129–30. [Not: … 1985) (1983) 3 ICSID Rep 101, 112 …]
  5. 10
    Southern Pacific Properties (Middle East) Ltd v Egypt (Decision on Jurisdiction of 14 April 1988) (1988) 3 ICSID Rep 131. [Not: … 1985) (1983) 3 ICSID Rep 101, 131 …]
  6. 11
    Azurix Corporation v Argentina (Jurisdiction) (2003) 43 ILM 262, 282.

Not

Quoted from the Guide, page 172
  • [Not: … 1985) (1983) 3 ICSID Rep 101, 112 …]
    the year and starting page belong to the decision cited, not to the start of the proceedings, and a pinpoint is not a starting page
  • [Not: … 1985) (1983) 3 ICSID Rep 101, 131 …]
    the year and starting page belong to the decision cited, not to the start of the proceedings, and a pinpoint is not a starting page

The elements of a reported decision between an individual and a state, as set out in the diagram

Quoted from the Guide, page 172
ElementExample
Parties’ NamesOlguín v Paraguay
Phase(Decision on Jurisdiction)
Year, Volume and Report Series(2000) 6 ICSID Rep
Starting Page154
Pinpoint, 158

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.