The Assignability Issue
The Assignability Issue
The claimants and Blasket submit that even if issue estoppel is not available the assignability objection ought to be rejected on its merits. In the alternative, the claimants and Blasket submit that following registration of the Award, a new and free standing group of rights arose and they maintain that those are capable of assignment as a matter of English law even if the Award itself is incapable of being assigned. I consider each of these arguments in turn below.
- Heading
- HH Judge Pelling KC
- The Factual Background
- The Substitution Application
- The Issue Estoppel Argument
- The Assignability Issue
- Assignability of the Award
- Construction of the ICSID and ECT Relevant to Assignability of the Award
- Customary International Law Relevant to Assignability of the Award
- Assignment of the English Litigation Rights
- Conclusions
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