1945

The present volume is devoted entirely to a single case, the United States- United Kingdom Arbitration concerning Heathrow Airport User Charges, decided by the Tribunal constituted pursuant to the Air Services Agreement of 23 July 1977, as subsequently amended, between the United Kingdom and the United States. The following documents are reproduced in this volume: the Award on the First Question of 30 November 1992, Decision No. 23 (Supplementary Decisions and Clarifications) of 1 November 1993 and the Annex thereto as well as the Order Taking Notice of Discontinuance of the Proceeding of 2 May 1994. The version of the Award printed in this volume incorporates the changes thereto made by the Arbitral Tribunal in its Decision No. 20 (Correction of Errors) of 18 June 1993. By Decision No. 21 of the Tribunal (Clarification) also of 18 June 1993, the Tribunal clarified subparagraph (a) of paragraph 11.1.35 of Chapter 7 of the Award by declaring that the said sub-paragraph refers to the margin of appreciation enjoyed by British Airports Authority (BAA) and the margin of appreciation enjoyed by Her Majesty’s Government; the margin of appreciation enjoyed by BAA as an undertaking and the margin of appreciation enjoyed by Her Majesty’s Government as a governmental contracting party are separate and distinct and in any particular case are not necessarily the same.

Related Subject(s): International Law and Justice
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