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Ad Hoc Arbitral Tribunal: Partial Award and Final Award in the Matter of an Arbitration between Wintershall A.G., et al., and the Government of Qatar(Exploration and Production Sharing Agreement)

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Judicial and Similar Proceedings
Copyright
Copyright © American Society of International Law 1989

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Footnotes

*

[Reproduced from the text provided to" International Legal Materials by the parties. Pursuant to Article 32(5) of the Uncitral Arbitration Rules, which the parties elected to govern this proceeding, both parties have consented to make the Award public as a service to the international legal community. The names of natural persons referred to in the Award, other than the names of the arbitrators and the expert witness for the Tribunal, have been deleted. Exhibits A, B, C, D, E, F, G-l, G-2, H, I, and J of the Partial Award have not been reproduced.

[The Uncitral Arbitration Rules appear at 15 I.L.M. 701 (1976).]

References

* [See 28 I.L.M. 827 and 832 (1989).]

* For the reasons set forth in the Final Award, the Tribunal holds that it has authority to interpret its Partial Award. If the Respondent does not put this question to a Netherlands Court, or if the Respondent puts this question to a Netherlands Court and a Netherlands Court agrees, the Tribunal's determination on its authority to issue an additional award is moot.However, if the Court finds the Tribunal does not have authority to grant this interpretation, then the question of whether or not the Tribunal can, under UNCITRAL Rule 37 and Article 1061 of the Netherlands Arbitration Act 1986, issue an additional award, containing the substance of this interpretation,is not moot.The Parties have been given, pursuant to Article 1061(3) of the Netherlands Arbitration Act 1986, an opportunity to be heard on the Claimants’ alternative request for an additional award, and the Tribunal has decided that the Tribunal can issue such an additional award, including the substance of this interpretation.