Sub-Sections:

Chapter One
Procedural Rules and Practice

Section One:  Genesis and Organization of Tribunal

  1. Brief Legal and Historical Background

  2. Members of the Tribunal

    a) Excess of Power

    (1) Role of the Appointing Authority

    (2) Functions during Pendency of Challenge

    b) Challenge

    c) Returning Arbitrator

    d) Opinions and Statements by Arbitrators

    f) An Odd Declaration

  3. Rules of Procedure

Section Two:   Jurisdiction

  1. Introductory Topics

    a) Source of  Jurisdiction

    b) Competence over Competence

    c) Inherent Power and Equitable Discretion

    d) Decision on Merits before Ruling on Jurisdiction

    e) Severability of Arbitration Clause from Contract

  2. Eligible Parties

    a) Private Persons before International Tribunals

    b) States versus Private Persons

    c) State versus State: Interstate Claims

    d) Government-Controlled Entities

    e) Dual nationals

    (1) Critical Remarks as to Law of Nationality

    (2) Time Factor and the Standards of Dominant Nationality

    (3) Relevance of Non-Dominant Nationality

    f) Corporations: Issue of Nationality

    (1) Evidentiary Material for Parent Corporation

    (2) Evidentiary Material for Subsidiary

    (3) Interpretive Case No. A/20

    (4) Non-stock, Non-profit Organizations

    (5) Partnership (Partners’ Locus Standi)

    (6) Derivative Eligibility and Concept of Control

    i)   Ineligible Subsidiary and Indirect claim

    ii)  Counterclaim to indirect claims

    iii) Disc Company

    iv) Proportional Recovery

    g) Owner of Claim

    (1) Legal and Beneficial Ownership

    (2) Continuous Ownership

    (3) Broken Link of Ownership

    (4) Third Party Beneficiary

    (5) Proper Party

  3. Subject Matter

    a) Exclusions

    b) Counterclaims

    c) Claims jure imperii

    (1) The Issue

    (2) Development of Case Law on Tax Counterclaim

    (3) Legal Set-Off

    (4) Transformation of Statutory Provisions

    (5) Expropriation Case Distinguished

    d) Torts and Personal Injuries

    e) Claim of Interest

    (1) General Guideline on Rate of Interest

    (2) Exercise of Discretionary Power

    (3) Interest in Interstate Claims

    (4) Compound Interest

    (5) Running Date of Interest

    (6) Contract-Based Rate of Interest

    f) Arbitration Costs

    g) Issuance of Exequatur

    h) Interpretative Jurisdiction

    i) Recording of Settlement Agreement

  4. Jurisdiction ratione temporis

    a) Outstanding Claims

    b) Claim on Bank Account

    c) Time Limitation

Section Three:  Pleadings

  1. Exchange of Submissions

  2. Extension of Deadlines

  3. Admissibility of Late-Filed Documents

  4. Amendment of Claim

    (a) Issue of Admissibility

    (b) Addition or Substitution of a Party

    (c) Change of Theory of Claim

Section Four:  Evidence

  1. Burden of Proof

  2. Failure to Produce Evidence

    a) Adverse or Negative Inference

    b) Evidence in Rebuttal

    c) Forged Documents

  3. Admissibility and Relevance of Evidence

    a) Authority of Tribunal

    b) Clarity and Credibility

    c) Proving of Negative

    d) Presumptive Evidence

  4. Evidentiary Materials

    a) Documentary and Testimonial Evidence

    b) Invoice

    c) Affidavit

    d) Testimony by Witness

    e) Technical Report by Expert

    f) Newspaper Reports

  5. Judicial Notice

Section Five:  Awards and Decisions

  1. Applicable Law

  2. Preliminary Issues

  3. Deliberation

  4. Relevance of Fact Recital in Awards

  5. Decision by Approximation

  6. Currency of Award

  7. Conditional Payment of Award

  8. Interim Measures

  9. Finality of Award

  10. Bilingualism

  11. Authority of Award as Precedent

  12. Orders and Decisions

  13. Revisory Process

    a) Interpretation of Award

    b) Correction of Award

    c) Supplemental or Additional Award

    d) Reinstatement of Case

    e) Nullification of Award

Chapter Two
Obligations in Private Law

Section One:  Creation of Contract

  1. Proper Law of Contract

    a) Choice of Law

    b) Freedom of Will

    c) Without-Law Contract

    d) General Principles

  2. Offer and Acceptance

  3. Nascence of Obligation by Practice

  4. Oral Contract

  5. Stipulation of Conditions

  6. Amendment of Contract

  7. Unauthorized Performance

  8. Misrepresentation, Bribery and Fraud

  9. Rules of Interpretation

Section Two:  Breach of Contract

  1. Liability and Damages

  2. Causation of Damage

  3. Debts Payable on Demand

  4. Duty to Mitigate Damages

  5. Gross Negligence

  6. Inadequate or Faulty Performance

  7. Latent Defects

  8. "Limitation of Liability" Clause

  9. Double recovery

  10. Extra-contractual Liability: Unjust Enrichment

    a) Resort to Restitutionary Theory

    b) Conditions


 Section Three:  Extinction of Contracs

  1. Assignment of Right and Subrogation

  2. de facto Succession

  3. Impossibility of Performance (force majeure)

    a) Concept and Elements of Proof

    b) Attribution of Events to Litigating Party

    c) Legal Consequences

    d) Frustration of Venture

    e) Remedies

  4. Termination of Contract

  5. Change of Circumstances

  6. Waiver and Estoppel

Section Four:  Particular Forms of Contract

  1. Agency

    a) Agreement by Conduct

    b) Agent and Independent Contractor

    c) Direct liability of principal

    d) locus standi of agent

    e) Apparent Authority

  2. Loan

    a) Intercompany Loans

    b) Acceleration of Debt Maturity

    c) Issue of Demand

  3. Compromis

  4. Guarantee

    a) Standby Letter of Credit

    b) Letter of Guarantee

    c) Sale Warranty

    d) Retention Monies

  5. Contractorship

Chapter Three
Inter-State Disputes

Section One:  Applicable Legal Instruments

  1. Lex generalis and lex specialis

  2. Interpretation of International Instruments

Section Two:  c3s2Breach of International Obligations

  1. Illicit Act or Omission Imputable to State

    a) Acts of Official Organs

    b) State-Owned Entity

    c) Entities Controlled by State (Unlimited Liability)

    d) Unofficial or Unauthorized Acts

    e) Acts of Revolutionaries

  2. Violation of Algiers Accords

  3. Odious Debts

Section Three:  Expulsion of Aliens

  1. Background

  2. Definition of Compensable Expulsion

Section Four:  Expropriation of Foreign Properties

  1. Expropriatory Measures

    a) Concept

    b) Creeping Expropriation

    c) Conditions of Legality of Expropriatory Measures

    d) Measures Falling Short of Expropriation

  2. Rights Affected by Expropriation

    a) Tangible and Contract Rights

    b) Loan Repayment Potential

    c) Right of Repatriation of Funds

Section Five:  Reparation of Damages

  1. Diplomatic Protection

    a) Taking up of Nationals’ Claims

    b) Espousal of Claims

    c) Payees in Small Claims

    d) Exhaustion of Local Remedies

  2. Standard of Compensation

    a) Interchangeable Terms or Different Concepts?

    b) Effect of Unlawful Taking

  3. Valuation

    a) Methodology

    (1) Fair Market Value

    (2) Discounted Cash Flow

    i)   Starrett Case (Chamber One)

    ii)  Amoco International Case (Chamber Three)

    iii) Phillips Petroleum Case (Chamber Two)

    (3) Underlying Asset Valuation (Alternative Approach for DCF)

    (4) Liquidation Value

    b) Factors Affecting Valuation

    (1) Relevance of Lawfulness or Unlawfulness of Expropriation

    (2) Date of Valuation

    (3) Effect of Expropriatory Act

    (4) Depreciation Factor

    (5) Lack of Specifications and Negative Worth

    (6) Risk Factors

    (7) Discount to Accounts Receivable

    (8) Partner's Loan

    (9) Unrealized Value

    (10) Discounts and Adjustments

    c) Damnum Emergens and Lucrum Cessans