Abstract
IN HIS article on ‘Arbitrability’1 the Hon. Andrew Rogers QC discussed the case of Attorney-General of New Zealand v. Mobil Oil of New Zealand [1989] 2 NZLR 649.2 As Andrew Rogers rightly concluded: ‘the decision was a robust affirmation of the primacy of the arbitral procedure’. (It is interesting to note that the Attorney-General did not appeal the judgment of Mr Justice Heron.) Andrew Rogers QC stated that ICSID ‘did not … decline jurisdiction’ and that ‘it appointed Sir Graham Speight, a highly respected retired Judge of the New Zealand High Court, as arbitrator’ (at pp. 270–271). Andrew Rogers continued: > No doubt the appointment of a New Zealander recognised the difficulties that could have been encountered by a foreigner in resolving a dispute so intimately involved with the commercial life of New Zealand. At the same time the other …
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