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International Organizations Before National Courts Part 4

Tin Hội đồng quốc tế v. Amalgamet Inc, 277 của Mỹ theo dõi vụ kiện Tin Hội đồng Anh, một tòa án New York đã phải đối phó, trong đó, vấn đề hành động của nhà nước như là một thanh tiềm năng để trọng tài. | 90 descriptive analysis state doctrine seems to be limited to state acts 276 there is some authority in the case law that acts of international organizations could also trigger its application. In International Tin Council v. Amalgamet Inc. 277 a US follow-up to the Tin Council litigation in England a New York court had to deal with inter alia the issue of act of state as a potential bar to arbitration. The ITC had moved to stay arbitration proceedings in New York brought against it by Amalgamet Inc. for not honouring contractual liabilities. The ITC argued that since it enjoyed immunity from legal process it should not be amenable to arbitral proceedings as well and in the alternative that the issue involved amounted to something like an act of state which could not form the subject of arbitral scrutiny. It is interesting that the court held the act of state argument inapplicable because it could not find any exercise of sovereign functions in the entering into contracts for the purchase of tin. Thus it must have at least implicitly thought that an international organization could act in a sovereign fashion over which domestic courts would have to refrain from sitting in judgment. In a short case note the decision was criticized for using an act of state test at all because this doctrine was considered inapplicable for the simple reason that the ITC was not a foreign state.278 While this assessment appears convincing on its face the underlying rationale asking whether there might be something comparable like an act of the international organization is worth discussing. The court s language - reasoning that the doctrine is involved where the dispute is intrinsically involved with some sovereign function of a foreign entity so that political as well as purely private commercial issues are implicated 279 - already suggests that a modification of the act of state doctrine could gain wider applicability. The International Association of Machinists v. OPEC court also .