above. It is fair to describe the other impugned acts of the Respondent,
to be explained more fully below (paragraph 115), as ancillary to this
core claim based on the requisition and its effects.
67. The Chamber is faced with a situation of mixed fact and law of considerable complexity, wherein several different strands of fact and law
have to be examined both separately and for their effect on each other: the
meaning and effect of the relevant Articles ofthe FCN Treaty and Supplementary Agreement; the legal status of the Mayor's requisition of ELSI's
plant and assets; and the legal and practical significance of the financial
position of ELSI at material times, and its effect, if any, upon ELSI's plan
for orderly liquidation of the Company. It will be convenient to begin by
examining these considerations in relation to the Applicant's claim that
the requisition order was a violation of Article III of the FCN Treaty.
68. Article III of the FCN Treaty is in two paragraphs. Paragraph 1
provides for rights of participation of nationals of one High Contracting
Party, in corporations and associations of the other High Contracting
Party, and for the exercise by such corporations and associations of their
functions. Since there is no allegation of treatment less favourable than
is required according to the standards set by this paragraph, it need not
detain the Chamber. Paragraph 2 of Article III is however important for
the Applicant's claim; it provides :
"The nationals, corporations and associations of either High Contracting Party shall be permitted, in conformity with the applicable
laws and regulations within the territories of the other High Contracting Party, to organize, control and manage corporations and
associations of such other High Contracting Party for engaging in
commercial, manufacturing, processing, mining, educational, philanthropic, religious and scientific activities. Corporations and associations, controlled by nationals, corporations and associations of
either High Contracting Party and created or organized under the
applicable laws and regulations within the territories of the other
High Contracting Party, shall be permitted to engage in the aforementioned activities therein, in conformity with the applicable laws
and regulations, upon terms no less favorable than those now or hereafter accorded to corporations and associations of such other High
Contracting Party controlled by its own nationals, corporations and
associations."
Again there is no allegation of treatment of ELSI according to standards
less favourable than those laid down in the second sentence of the para-