AGLC4 Rule 11.2.2: Individual-State Decisions: Unreported Decisions

An unreported decision between an individual and a state is cited by the parties, the phase if the decision states one, and a bracket giving the tribunal, case number and full date as under rule 11.1.2, then a pinpoint.

AGLC4 page 174

Formatting

  • The parties are italic and follow rule 2.1; a Re case name followed by bracketed parties is kept as printed.
  • A phase is included only where the decision states one, italic in italic round brackets.
  • One roman round bracket holds the tribunal, Case No and the number as printed (keeping slashes and hyphens), and the full date, separated by commas.
  • A paragraph pinpoint in square brackets follows the bracket after a single space; pages are used where paragraphs are not numbered.
  • Without a pinpoint the citation ends with a full stop straight after the closing bracket.
  • Arbitrators are named only after pinpoints to separate or dissenting opinions or declarations (rule 11.1.1).

Examples

Quoted from the Guide, page 174
  1. 12
    Re Polystyrene and Impact Crystal from the United States of America (United States of America v Mexico) (Panel Decision) (North American Free Trade Agreement Chapter 19 Panel, Case No MEX-94-1904-03, 12 September 1996).
  2. 13
    World Anti-Doping Agency v Bellchambers (Award) (Court of Arbitration for Sport, Case No 2015/A/4059, 11 January 2016).
  3. 14
    S (No 2) v International Labour Organization (Judgment) (ILO Administrative Tribunal, Case No 3546, 30 June 2015).
  4. 15
    CMS Gas Transmission Co v Argentina (Annulment) (ICSID Arbitral Tribunal, Case No ARB/01/8, 25 September 2007) [158]–[159].

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

Quoted from the Guide, page 174
ElementExample
Parties’ NamesEnron Corporation v Argentina
Phase(Jurisdiction)
Name of Arbitral Body or Tribunal(ICSID Arbitral Tribunal,
Case NumberCase No ARB/01/3,
Full Date14 January 2004)
Pinpoint[39]

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.