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This application concerns the English law doctrine of “non – justiciability”. The doctrine establishes a generalprinciple that the Municipal courts of England and Wales do not have the competence to adjudicate upon rightsarising out of transactions entered into by independent sovereign states between themselves on the plane ofinternational law. The issue arises in the context of an Arbitration Award, dated 1 July 2004, which was made bya Tribunal of three arbitrators following an arbitration between Occidental Exploration and Production Company(“Occidental”) and the Republic of Ecuador (“Ecuador”). The arbitration was held under the Arbitration Rules ofUNCITRAL and the seat of the arbitration was London. Ecuador then issued an Arbitration Application1 challengingthe Award under section 67(1) of the Arbitration Act 1996, on the ground that the arbitrators had exceeded theirjurisdiction. Ecuador invites the court to set aside the Award
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