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Eurotunnel

 

1. The Channel Tunnel Group Limited 2. France-Manche S.A. v. 1. the Secretary of State for Transport of the Government of the United Kingdom of Great Britain and Northern Ireland 2. le ministre de l’équipement, des transports, de l’aménagement du territoire, du tourisme et de la mer du Gouvernement de la République française

 

The PCA acted as registry in an arbitration concerning alleged breaches of a Concession Agreement entered into by two entities of the Eurotunnel group and the British and French Governments for the construction of a fixed link between France and the United Kingdom.


In accordance with Article 19 of the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland Concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link Signed at Canterbury on February 12, 1986, an arbitral tribunal was constituted and consisted of the following members:
 

Professor James Crawford SC, Chairman
Maître L. Yves Fortier CC QC
H.E. Judge Gilbert Guillaume
The Rt. Hon. Lord Millett
Mr. Jan Paulsson


On January 30, 2007 a partial award was rendered by the Tribunal.  The text of the partial award in authoritative English and French versions, along with Lord Millett’s dissenting opinion, are available for download in PDF format:  

 

Partial Award - January 30, 2007 (English version)

Partial Award - January 30, 2007 (French version)


Lord Millett's Dissenting Opinion (English)
Lord Millett's Dissenting Opinion (French translation)

 

During this arbitration, the Agent for the Claimants was Mr. Matthew Weiniger of Herbert Smith LLP, while the Agent for the United Kingdom was Mr. Christopher A. Whomersley, Deputy Legal Adviser, Foreign and Commonwealth Office, and the Agent for France was Mr. Jean-Luc Florent, Deputy Legal Director at the Ministry of Foreign Affairs.