Holiday Inns/Occidental Petroleum v. Morocco

11 ICSID Ann. Rep. (W. Bank) 32, 34 (1977)

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Holiday Inns/Occidental Petroleum v. Morocco

International Centre for Settlement of Investment Disputes
11 ICSID Ann. Rep. (W. Bank) 32, 34 (1977)

Facts

In 1971, Holiday Inns, S.A (Holiday Inn) (plaintiff) and Occidental Petroleum Corporation (OPC) (plaintiff) commenced arbitration proceedings against the government of Morocco (Morocco) (defendant). A few months later, pursuant to the rules of the forum, Holiday Inn and OPC appointed their choice of arbitrator, John Foster. Morocco appointed its choice of arbitrator, Paul Reuter. Foster and Reuter jointly appointed the third arbitrator, Judge Sture Petren, who served as the president of the tribunal. In 1976, while the arbitration was still pending, Foster accepted an appointment as an outside director for OPC and submitted a notice of his intent to resign to the other two arbitrators, but he conditioned his resignation on Holiday Inn and OPC’s right to name the replacement arbitrator.

Rule of Law

Issue

Holding and Reasoning (Petren, J.)

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