Charles Poncet, Partner, ZPG Geneva; a former member of the Swiss parliament, Charles Poncet has acted as arbitrator in numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the aegis of the ICC, the Geneva Chamber of Commerce and Industry (CCIG), the Cairo Centre of National and International Arbitration, and the AAA. He has also acted as counsel in international arbitration proceedings, ad hoc and under the Rules of the ICC.
The second topic of our discussions today is, so to speak, the other side of the coin. The papers presented by Messrs. Fadlallah, Silva Romero and Legum addressed the issue of the liability of a State for the conduct of its instrumentalities, a topic I would characterize as fairly classic and certainly one that distinguished legal writers have addressed for a long time.
Looking at it from a different perspective, the question is can-or perhaps should-instrumentalities be held responsible for the State from which they emanate? Eric Teynier covers the issue from the point of view of French law, Judith Gill describes the English approach and Eugene Gulland sets forth American law. Their papers are followed by concluding remarks from Sigvard Jarvin.