State-trading operations, it is widely felt, including those not completely motivated by economic considerations, should conform to world trade customs, at least in so far as the disposition of controversies is concerned. A reflection of this attitude can be found in the modern commercial treaties of the United States, which expressly disavow immunity in state-trading relations with respect not only to "suits" 2 in ordinary courts, but also to arbitration Thus, too, recent resolutions of the Inter-American Bar Association, 4 the International Law Association, 5 and the International Chamber of CommerceP have recommended the use of arbitration for the settlement of disputes
The Israeli-Soviet oil arbitration in Moscow has evoked world-wide criticism for not being up to the standards of a fair and impartial proceeding. Not only do the results of the award, dated July 3, 1958, appear to be unsatisfactory, but the award also does not sufficiently deal with the legal questions submitted to the tribunal. The latter thereby missed the opportunity of contributing to the development of an important legal aspect of international transactions, namely, the application of the force majeure clause. This note will be primarily concerned with that point, as well as with some international law aspects arising out of the arbitration.
In the wake of nationalist movements directed against the determination of The Netherlands not to give up their rights to West New Guinea, the Indonesian central government in 1958 nationalized Dutch properties, among them tobacco plantations.
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