“…The Court of Appeal also explored the boundary between justiciability and nonjusticiability in Occidental Exploration Production Co v Republic of Ecuador [2005] EWCA Civ 1116 (“Occidental Exploration”). There the interpretation of an international treaty was necessary to determine the scope of an agreement to arbitrate contained in …”
“…ted v Department of Trade and Industry [1990] 2 AC 418 per Lord Oliver at pp. 500-501; Occidental Exploration and Production Company v. The Republic of Ecuador [2005] EWCA Civ 1116.) Thus, as Lord Pannick points out, in R v. Secretary of State for the Home Department, ex parte Launder [1997] 1 WLR 839 and R v. Director of Public Prosecuti…”
“…rbitration award resulting from an arbitration agreement contained in an unincorporated treaty: Republic of Ecuador v Occidental Exploration and Production Co. [2005] EWCA Civ 1116; [2006] QB 432, at [47]; and the force of this is greater in the present context, where the relevant relationship has been structured according to the domestic…”