Analysing the Legal Aspects of the Case of Société Commerciale de Belgique

The Case of Société Commerciale de Belgique was among the first cases with a commercial nature that was brought before the Permanent Court of International Justice (‘PCIJ’). This case is important in several ways and has gained prominence in international law discourse. This article in a descriptive-analytical study conducts qualitative research to answer the question of what is the case of Société Commerciale de Belgique all about and what its outstanding legal features are? Therefore, after providing an introduction, a brief overview of the dispute, and the proceeding of the PCIJ, the decision of the court is legally analysed; moreover, the aftermath of the dispute is discussed. Finally, it is concluded that this case is significant in terms of the rejection of the claim of force majeure as a ground to abstain from the payment of compensation, the issue of diplomatic protection of corporation by the Government of Belgium, the acceptance of the additional claim, the confirmation of an arbitral decision by the PCIJ, and the opinion of the municipal court that such arbitral awards do not require an exequatur; but still, the most prominent aspect of this dispute is the possible role for the third states to take the initiative in resolving the commercial disputes not only among the states but also between states and corporations.

کلیدواژه ها:

Société Commerciale de Belgique ، International arbitration ، Diplomatic protection ، Additional claim ، Execquatur