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Dalhuisen on Transnational
Comparative Commercial Financial and

Trade Law Volume 1 The
Transnationalisation of Commercial
and Financial Law and of Commercial
Financial and Investment Dispute
Resolution The New Lex Mercatoria and
its Sources Jan H. Dalhuisen
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DALHUISEN ON TRANSNATIONAL
COMPARATIVE, COMMERCIAL,
FINANCIAL AND TRADE LAW
VOLUME 1
This is the sixth edition of the leading work on transnational and comparative com-
mercial and financial law, covering a wide range of complex topics in the modern law
of international commerce, finance and trade. As a guide for students and practitioners
it has proven to be unrivalled. The work is divided into three volumes, each of which
can be used independently or as part of the complete work.
Volume one covers the roots and foundations of private law; the different orien-
tations and structure of civil and common law; the concept, forces, and theoretical
basis of the transnationalisation of the law in the professional sphere; the autonomous
sources of the new law merchant or modern lex mercatoria, its largely finance-driven
impulses; and its relationship to domestic public policy and public order requirements.
This new edition adds a chapter on the transnationalisation of commercial, financial
and foreign investment dispute resolution. It explains the more limited nature of inter-
national dispute resolution through arbitration as compared to dispute resolution in
the ordinary courts, the powers of international arbitrators, the expansion of these
powers when they speak for the public interest, and the need in that case for proper
supervision.
All three volumes may be purchased separately or as part of a single set.
ii
Dalhuisen on Transnational
Comparative, Commercial, Financial
and Trade Law Volume 1
Sixth Edition
The Transnationalisation of Commercial and Financial Law and

of Commercial, Financial and Investment Dispute Resolution.
The New Lex Mercatoria and its Sources
Jan Dalhuisen
Professor of Law, Dickson Poon School of Law
King’s College London
Miranda Chair in Transnational Financial Law
Catholic University Lisbon
Visiting Professor UC Berkeley
Corresponding Member
Royal Netherlands Academy of Arts and Sciences
Member New York Bar
Former ICSID Arbitrator
OXFORD AND PORTLAND, OREGON

2016
Hart Publishing
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First published 2016
© Jan Dalhuisen
Jan Dalhuisen has asserted his right under the Copyright, Designs and Patents Act 1988
to be identified as Author of this work.
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A catalogue record for this book is available from the British Library.
ISBN: HB: 978-1-50990-700-7

ePDF: 978-1-50990-745-8
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Library of Congress Cataloging-in-Publication Data
Names: Dalhuisen, J. H. (Jan Hendrik), author.
Title: Dalhuisen on transnational comparative, commercial, financial and trade law / Jan Dalhuisen.
Other titles: Transnational comparative, commercial, financial, and trade law
Description: Sixth edition. | Portland, OR : Hart Publishing, 2016– | Includes bibliographical references and index.
Identifiers: LCCN 2016010061 (print) | LCCN 2016010790 (ebook) | ISBN 9781509907007 (hardback : alk.
paper) | ISBN 9781509907441 (Epub)
Subjects: LCSH: Commercial law. | Export sales contracts. | International finance—Law and legislation. | Foreign
trade regulation.
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Typeset by Compuscript Ltd, Shannon

To my Teachers and my Students
vi
Table of Contents
Table of Casesxix
Table of Legislation and Related Documents xxix
Chapter 1: The Transnationalisation of Commercial and Financial Law.

The New Lex Mercatoria Concerning Professional Dealings and its Sources1
Part I The Emergence of the Modern Lex Mercatoria, its Method,
Structure and Antecedents. Civil and Common Law Thinking
1.1 Introduction 1
1.1.1 The Place and Evolution of Modern Commercial
and Financial Law in Civil and Common Law.
The Concept of Transnationalisation 1
1.1.2 Civil Law in Commerce and Finance 5
1.1.3 The Common Law in Commerce and Finance 16
1.1.4 The Transnationalisation of Commercial and
Financial Law: Common or Civil Law Approach?
Methodology and Definition. The Question of the
Public Interest and its Representation at the
Transnational Level 21
1.1.5 The Coverage of Domestic and Transnational
Commercial and Financial Law 29
1.1.6 Legal Dynamism as a Key Notion in Transnational
Commercial and Financial Law. Law as a Dynamic
Concept in Modern Contract and Movable Property 32
1.1.7 Legal Pragmatism at the Transnational Level. Notions
of Certainty, Finality and Predictability. The Need to
Find Structure, Not System 46
1.1.8 Social, Economic, Intellectual or Democratic Legitimacy 52
1.1.9 The Traditional Civil and Common Law Notions of
Commercial Law. The Notion of Commerciality 53
1.1.10 Old and New Commercial and Financial Law.
Transnational Notion of Professionality, a Separate
Legal Order for Professional Dealings 60
1.1.11 The Role and Status of International
Commercial Arbitration 65
1.1.12 International Arbitration and the Role of Ordinary
Commercial Courts Compared. Need for an
International Commercial Court? 70
1.1.13 Structure of this Volume 74
viii Table of Contents
1.2 The Origin of Civil Law. Its Traditional Approach to Law

Formation and to the Operation of Private Law. Effect on
Commercial and Financial Law 76
1.2.1 Introduction 76
1.2.2 The Early Developments of Private Law on the
European Continent. Roman Law 78
1.2.3 Classical Roman Law and the Corpus Iuris Civilis 81
1.2.4 The Revival of Roman Law in Western Europe:
The Ius Commune 86
1.2.5 The Ius Commune and its Relationship to Local Law,
Including Newer Commercial Law 89
1.2.6 The Early Evolution of the Notion of Natural
Law in Europe 93
1.2.7 The Emergence of the Secular Natural Law School:
Grotius’s De Iure Belli ac Pacis, its Approach and Impact 96
1.2.8 The Status of State Law in the Philosophies of Grotius,
Hobbes, Locke, Kant and Hegel. The Impact of the
Age of Enlightenment and the Road to Codification
of Private Law in France 101
1.2.9 The German Historical and Romantic Schools.
German Idealism and the Road to Private Law
Codification in Germany 106
1.2.10 The Civil Law National Codifications and their Coverage 116
1.2.11 Nationalism and System Thinking. The Question
of the Continued Relevance of the Civil Law
Codification Idea 119
1.2.12 Modern Policy Arguments in Favour of a Statist and
Static Attitude Towards the Formation of Private Law.
Deficiency in System Thinking. Misunderstandings
Concerning Democratic Legitimacy and Certainty 125
1.2.13 Interpretation and System Thinking in Civil Law:
Begriffs- and Interessenjurisprudenz, Freirechtslehre and
Wertungsjurisprudenz in Germany. Modern Hermeneutics
and the Role of Precedent in Civil Law 128
1.3 The Origin and Evolution of the Common Law. Its Approach
to Law Formation and to the Operation of Private Law 135
1.3.1 Common Law and Equity 135
1.3.2 The Common Law Approach to Scholarship 141
1.3.3 The Common Law Approach to Precedent, Legislation
or Codification, and Statutory Interpretation 143
1.3.4 Intellectualisation and Conceptualisation in Common
Law. Modern American Academic Attitudes
Towards the Law and its Development:
Legal Formalism and Realism 151
Table of Contents ix
1.3.5 Post-realism or Legal Functionalism in the US:

The ‘Law and …’ Movements 157
1.3.6 The Progress So Far 162
1.3.7 The Quest for Modernity, the Problems in the
Post-modern Era. The Attitude to and Effects on
Law Formation and Operation 169
1.4 The Sources of Law in the Civil and Common Law Tradition.
The Approach in Transnational Private Law and the Hierarchy
of Sources of Law and their Norms in the Modern Lex Mercatoria 175
1.4.1 Statutory and Other Sources of Law. Nationalism
and System Thinking in Civil and Common Law 175
1.4.2 Fact and Law Finding in Civil and Common Law 180
1.4.3 The Revival of the Traditional Sources of Law Through
Liberal Interpretation Techniques in Civil Law.
The Changing Status and Role of Precedent 185
1.4.4 Survival of Transnational Legal Sources in Commercial
Law. EU and Public International Law Attitudes 189
1.4.5 Autonomous Legal Sources: Fundamental Principle 193
1.4.6 Autonomous Legal Sources: General Principle 199
1.4.7 Autonomous Legal Sources: Custom and Practices 201
1.4.8 The Competition Between Custom and Statutory or
Treaty Law. The Issue of Desuetude and the Relation
to the Good Faith Notion in Contract 209
1.4.9 Autonomous Legal Sources: Party Autonomy 211
1.4.10 Autonomous Legal Sources: Treaty Law 212
1.4.11 Uniform (Treaty) Law and Private International Law 215
1.4.12 Domestic Laws as Autonomous Residual Source of
Transnational Law 217
1.4.13 The Hierarchy of the Sources of Law in Transnational
Commercial and Financial Law or the Modern
Lex Mercatoria. The Meaning of the Choice of a
Domestic Law by the Parties 217
1.4.14 Treaty Law and its Own Concept of its Place Among
the Other Sources of Private Law 223
1.4.15 The Concept of Natural Law and the Legal Status
and Force of Fundamental and General Principle in
the Modern Lex Mercatoria 224
1.4.16 An End to the Confining Views of Legal Positivism,
Formalism, and Nationalism in the Professional Sphere 229
1.4.17 Dispute Prevention or Dispute Resolution? Law in
Action or Law in Litigation 234
1.4.18 The Development of the Modern Lex Mercatoria and
Role of National Courts and of International
x Table of Contents
1.4.19 Agents of International Convergence and Harmonisation:

The Role of UNIDROIT, UNCITRAL, the ICC,
The Hague Conference, the EU, and the American Law
Institute and Commissioners on Uniform State
Laws in the US 240
1.4.20 EU Attempts at Harmonising Private Law 243
1.5 Cultural, Sociological and Economic Undercurrents in the
Formation of Transnational Commercial and Financial Law
(Modern Lex Mercatoria). Different Legal Orders, their
Manifestation, and the Competition Between them 254
1.5.1 The Concept of Legal Orders, their Manifestation 254
1.5.2 Law as Cultural Manifestation 258
1.5.3 Law as a Political Organisational Tool. The Importance
of Diversity, Group Autonomy, Democracy,
Rule of Law and Human Rights 262
1.5.4 The American Experiences and the Effect
on Law Formation 265
1.5.5 The Revival of Legal Universalism in
Professional Private Law 268
1.5.6 Sociological and Economic Considerations in the Law 271
1.5.7 The Formation of Non-Statist Law in Modern Social
and Economic Theory 277
1.5.8 The Competition Between Transnational Law and
Mandatory State Laws or National Public Policies and
Public Order Requirements. The International
Minimum Standards 279
1.5.9 The Operation of Different Legal Orders in Private Law:
Evolution of a US Federal Commercial Law, of Transnational
Private Law Concepts in the EU, and of International
Human Rights Law in the Council of Europe (European
Court of Human Rights) 286
1.5.10 The International Commercial and Financial Legal Order:
The Role of Legal Theory, Legal History,
and Comparative Law 291
Part II The Nature, Status and Function of
Private International Law
2.1 Modern Private International Law 297
2.1.1 The Underlying Concept of Modern Private
International Law 297
2.1.2 Earlier Approaches 304
2.1.3 Drawbacks of the Modern Conflicts Rules 305
2.2 The Modern European and US Approaches to Conflict of Laws 312
2.2.1 Refinement of the European Model of Private
International Law 312
Table of Contents xi
2.2.2 Developments in the US 313

2.2.3 The Various Modern US Conflicts Theories 317
2.2.4 The European Approach: Exception Clauses, Reasonable
and Fair Solutions in the Dutch Proposals 319
2.2.5 The Role of Practitioners. Emphasis on the Facts Rather
than on the Rules: The Nature of the Relationship of
the Parties and the Nature of the Transaction Distinguished.
The Effects of Transnationalisation 323
2.2.6 The Issue of Public Policy or Governmental Interests
and its Impact. The Notion of Comity and its
Application. Competition Between Transnational
and State Laws Revisited 326
2.2.7 States as Counterparties de Iure Imperii 332
2.2.8 Practical Issues Concerning Conflicting Public Policies:
Effect on the Lex Mercatoria and the Importance of the
Notion of Forum non Conveniens 335
2.2.9 Party Autonomy and Contractual Choice of Law 340
2.3 Interaction of Private International Law and Uniform Law 343
2.3.1 Private International Law and the Application
of Uniform Law 343
2.3.2 The Situation with Regard to EU Directives of
a Private Law Nature 344
Part III The Substance and Operation of Transnational Commercial
and Financial Law or the Modern Lex Mercatoria
3.1 The Lex Mercatoria, Interrelation with Private International Law,
Legitimation349
3.1.1 The Background to the Revival of the Lex Mercatoria 349
3.1.2 The Concept of the Modern Lex Mercatoria as a
Hierarchy of Norms 353
3.1.3 The Major Protagonists of the Lex Mercatoria and
their Views: Legitimation 361
3.2 The Hierarchy of Norms from Different Legal Sources in the
Modern Lex Mercatoria: Elaboration of the Positive Law 363
3.2.1 Fundamental Legal Principle and Implementing Custom
Support. Transnational Rules of Contract Formation
and the Normative Interpretation Technique 363
3.2.2 Fundamental Principle and Implementing Custom
Support. The Notion of Transnational Ownership.
A Dynamic System of Modern Movable Proprietary
Rights368
3.2.3 Eurobonds, Trade Receivables and Transnational
Proprietary Coverage. Fundamental Principle and
Implementing Custom Support 373
xii Table of Contents
3.2.4 Fundamental Principle and Implementing

Custom Support in Procedural Matters 376
3.2.5 Mandatory Custom and Practices. The ISDA
Master Agreements 377
3.2.6 Mandatory Uniform Treaty Law, Mandatory General
Principle, Party Autonomy, Directory Custom or Trade
Practices, Directory Uniform Treaty Law and General
Legal Principles 380
3.2.7 Domestic Laws, Private International Law: Mandatory
Provisions and Public Policy or Regulatory Issues 384
3.3 Operation of the Lex Mercatoria. Objections 386
3.3.1 Operation of the Lex Mercatoria and Direct References to it 386
3.3.2 Objections to the Lex Mercatoria Approach 391
3.3.3 Application and Enforcement of the Lex Mercatoria 394
Chapter 2: The Transnationalisation of Commercial, Financial

and Investment Dispute Resolution 397
Part I International Commercial Arbitration
1.1 Introduction 397
1.1.1 The Problems and Challenges of Dispute Resolution 397
1.1.2 Arbitration and its Nature 401
1.1.3 The Importance of Defining the Dispute in Arbitrations
and the Special Role of the Pleadings of the Parties.
Law as Fact 402
1.1.4 Other Forms of Dispute Resolution: Experts Decisions,
Amiable Compositeurs, Shortened Proceedings,
Mediation and ADR 404
1.1.5 Institutional and Ad Hoc Arbitrations 406
1.1.6 The International Dimension 408
1.1.7 When is a Dispute an International Commercial
Dispute? The Operation of the International Commercial
and Financial Legal Order. International Commercial
Arbitrations and the Difference from a Domestic
1.1.8 The Notion of the Seat in International Arbitrations
and the Delocalisation Model 413
1.1.9 The Major Consequences of Delocalisation. Attitude
of the New York Convention and the Model Law.
The View of Article 16(4) of the LCIA Rules (2014) 416
1.1.10 Powers, Status and Activity of International
Commercial Arbitrators. Areas of Arbitral Autonomy.
The Applicable Arbitral Law 419
1.1.11 Is International Arbitration Judicial or Contractual?
Is it Adversarial or Inquisitive? 422
Table of Contents xiii
1.1.12 Legitimacy, Transparency and Accountability.

Independence and Impartiality. Supervision of
International Commercial Arbitration and the
Operation of an International
Commercial Court 426
1.1.13 International Moot Competitions, Modern
Literature, and the Concept and Meaning of
International Arbitration 429
1.2 The Process of Legal Transnationalisation. The Operation
of the Modern Lex Mercatoria. Transnational and Domestic
Public Policy Considerations in International Arbitrations 434
1.2.1 The Transnationalisation of the Arbitration Clause
and of the Law Applicable to the Arbitral Process.
The Residual Role of the Arbitration Law of the Seat 434
1.2.2 The Transnationalisation of the Applicable Substantive
Law. The Modern Lex Mercatoria as the Substantive Law.
Sources of Law and their Hierarchy. Differences Between
International Arbitrations and Proceedings in the
Ordinary Courts 437
1.2.3 The Representation of the Public Interest at the
Transnational Level. International Minimum Standards
and the Relationship to Local Policies and Values 442
1.2.4 Public Order and Parallel Legal Orders 444
1.2.5 Ius Curia Novit? Do International Arbitrators Know
the Law and Apply it Autonomously? 446
1.2.6 Autonomous Private Law Trends in Transnational Law 449
1.2.7 Principles of Transnational Contract and Movable
Property Law 451
1.3 International Arbitration: Initial Steps and Complications 453
1.3.1 Introduction. Submission and Arbitration Agreements.
The Requirement of a Writing. What does
the Arbitration Agreement Cover and Who can be
Party to the Arbitration? 453
1.3.2 When is there a Dispute? Statute of Limitations 456
1.3.3 Ousting of the Ordinary Courts. Article II New York
Convention458
1.3.4 Interface of International Arbitration and the Ordinary
Courts in the EU Under Regulation 44/2001 (Brussels I)
and the 2012 Amendments 460
1.3.5 Establishment of the Arbitral Tribunal. Selecting
Arbitrators, Qualities. Arbitrator Fees 461
1.3.6 Challenges of Arbitrators 464
1.3.7 The Jurisdiction of International Arbitrators and
Challenges to Jurisdiction 465
1.3.8 The Issue of Arbitrability in International Arbitrations 466
xiv Table of Contents
1.3.9 Other Early Incidents: Preliminary Issues and Protections 467

1.3.10 Procedural Order No 1 469
1.3.11 Terms of Reference? 470
1.3.12 The Status of Early Decisions 470
1.4 The Conduct of the Proceedings and the Award 471
1.4.1 Pleadings and Discovery 471
1.4.2 Witnesses and Hearing 472
1.4.3 The Conduct of Multi-party Arbitrations.
Class Arbitrations? 474
1.4.4 The Award 475
1.4.5 Effect of the Award and Potential Impact on Third Parties 477
1.5 The Role of National Courts 478
1.5.1 Support 478
1.5.2 Supervision and Challenges 481
1.6 The New York Convention. International Recognition
and Enforcement of the Awards 482
1.6.1 The Coverage of the New York Convention 482
1.6.2 Recognition and Enforcement. Article V of the New York
Convention483
Part II International Financial Arbitration
2.1.1 Special Problems in International Financial Arbitrations 487
2.1.2 Special Arbitration Needs in International Finance 489
2.2 Building Blocks of Private Law in International Finance.
The Applicable Law and its Transnationalisation 494
2.2.1 Assignments and Securitisations 494
2.2.2 Set-off and Netting 498
2.2.3 Secured Transactions, Finance Sales and
Related Structures 504
2.2.4 Investment Securities and their Modern Holding in
Electronic Entitlement Systems 513
2.2.5 Segregation, Ranking and Constructive Trusts 518
2.2.6 Transactional and Payment Finality 521
2.2.7 How do We Transfer an International
Commercial and Related Cash-Flow and How do
We Rank Proprietary Interest Holders Transnationally? 525
2.3 Public Policy Concerning Financial Instruments. Remedies 527
2.3.1 Public Interest in Financial Products 527
2.3.2 Conflicts of Public Policy. The Jurisdiction to Prescribe,
International Minimum Standards and the Spokesperson’s
Function in Respect of the Public Interest 534
2.3.3 The Impact of Insolvency Laws 537
2.4 Complications in International Financial Arbitrations 543
Table of Contents xv
2.4.1 The Reasoning of International Financial Arbitrators

and their Powers to Intervene in the Dispute 543
2.4.2 Is there a Need for New Treaty Law and for
Supervision of International Financial Arbitrations by an
International Commercial Court to Stabilise International
Financial Arbitration and Enhance its Credibility? 545
2.4.3 International Financial Arbitration and the Position
of Ordinary Judges Compared 546
2.5 The Emergence of P.R.I.M.E. 550
2.5.1 Special Needs of International Financial Arbitration.
The Emergence of P.R.I.M.E. 550
2.5.2 The Applicable Law Clause in the P.R.I.M.E. Rules 551
2.5.3 P.R.I.M.E. Preliminary Issues 552
2.5.4 P.R.I.M.E. Status, Powers and Operation of Arbitrators.
Arbitrability553
2.5.5 P.R.I.M.E. Procedural Issues 554
2.5.6 P.R.I.M.E. Contractual Issues 554
2.5.7 P.R.I.M.E. Proprietary Issues 555
2.5.8 P.R.I.M.E. Regulatory Issues 555
2.5.9 P.R.I.M.E. Taxation Issues 555
2.5.10 P.R.I.M.E. Bankruptcy Issues 556
2.5.11 P.R.I.M.E. Applicable Law Issues and Parties’
Choice of Law 556
2.5.12 P.R.I.M.E. Legitimacy of the Award. Supervision,
Recognition and Enforcement Issues 557
Part III Foreign Investment Arbitration
3.1.1 Proceedings Against States 559
3.1.2 Foreign Investments and their Protection.
Host Country Investment Statutes and
Investment Agreements. The Calvo Doctrine.
The Washington Convention and BITs 561
3.1.3 Bilateral Investment Treaties 565
3.1.4 The Concept of Foreign Investment and
Foreign Investor. The Jurisdictional Issue 567
3.1.5 The Complications Deriving from the Nature of the
International Flows, the Overlap Between Trade and
Foreign Investments Laws. Different Dispute
Resolution Techniques 568
3.1.6 Powers of Foreign Investment Arbitrators 570
3.1.7 The Supervision of Foreign Investment Arbitrators.
Annulment Proceedings Compared 571
xvi Table of Contents
3.2 The Basic Foreign Investment Protections. Direct Investors’

Claims and the Role of Investment Arbitration 571
3.2.1 Investment Agreement and Treaty Law Protections 571
3.2.2 Concurrent Investment Agreement and BIT
Arbitration Jurisdiction 572
3.2.3 The Issue of Compensation 572
3.3 The Applicable Law in Foreign Investments 573
3.3.2 The ICSID and NAFTA Approaches Distinguished 574
3.3.3 How far does a Choice of Law by the Parties Reach? 575
3.3.4 The Characterisation Issue: Contract, Administrative
Agreements and Treaties 577
3.3.5 Public Law and Private Law 580
3.3.6 International Law 582
3.3.7 The Applicable Law in the Absence of an Investment
or Arbitration Agreement 584
3.3.8 Conclusion 585
3.4 Proprietary and Non-Proprietary Takings 586
3.4.2 Takings and Expropriation 588
3.4.3 Public Welfare and Non-Expropriatory Takings 590
3.4.4 Incidental Government Takings as
Non-Expropriatory Takings 594
3.4.5 Lawful and Unlawful Expropriations.
Non-expropriatory Takings 596
3.4.6 Remedies 599
3.4.7 The Public Interest Discounted in the
Quantum of the Damages? 602
3.4.8 Conclusion 602
3.5 The Transatlantic Trade and Investment Partnership (TTIP)
The EU 2014 Questionnaire and Subsequent Action 603
3.5.2 The Dispute Resolution Options (ISDS) 605
3.5.3 The EU Questionnaire 610
3.5.4 What Protections are Justified and How do They Relate
to Evolving Public Interest Concerns of Host Governments?
Investor-State Dispute Settlement (ISDS) 611
3.5.5 Investment Arbitration and the Suitability of Investor
State Dispute Settlement (ISDS) Through Arbitration 614
3.5.6 The EU Concept Paper of May 2015, Overall Assessment 616
3.5.7 The November 2015 EU Proposal for Investment Protection
and Resolution of Investment Disputes 617
Table of Contents xvii
Part IV The Reasoning of International Arbitrators

4.1.1 The Importance of Legal Reasoning 619
4.1.2 Formal and Substantive Aspects of Legal Reasoning 620
4.1.3 Modern Theories on Legal Reasoning 625
4.1.4 Sources of Law and Interpretation 627
4.1.5 The Narrowing Concept of Codification in Civil Law 630
4.1.6 Law as a System 632
4.1.7 Normative Interpretation. The Meaning of Good Faith.
Consumer Law Influences in the Professional Sphere 635
4.1.8 Objectivity in Interpretation. The Effect of Public
Policy, Public Order and Values 637
4.1.9 Sources of Law in Transnational Professional Dealings 640
4.1.10 The Powers of International Arbitrators 644
4.1.11 The Issue of Consistency and the Meaning of Precedent 648
4.1.12 Relevance and Materiality of Evidence 650
4.2 A Proper Perspective 651
4.2.1 Conclusions so far 651
4.2.2 The Situation in Foreign Investment Disputes 655
4.3 Conclusions 659
Index663
xviii
Table of Cases
Australia
Esso/BHP v Plowman (1995) 11 Int’l Arb 235�� 383, 400
IATA v Ansett [2005] VSC 113, [2006] VSCA 242,
[2008] HCA38�� 35, 284–85, 444, 492, 518, 542, 553
Austria
Supreme Court
ICC Case No 3131, (1984) IX Yearbook Commercial
Arbitration 159��388, 390, 438–39, 644
Norsolor (18 Nov 1982, 34 ICLQ 727 (1984), IX YB
Com Arb 159 (1984)�� 238, 390
Belgium
Tribunal de Commerce of Brussels, 16 November 1978�� 191
Canada
Quebec Supreme Court, Case 2008 5903�� 448
European Court of Human Rights
Bosphorus Hava Yollari Turism ve Ticaret Anonim Sirketi v Ireland,
45036/98 (2005) Series A, no 440 para 304�� 446
Gasus Dosier und Foerderintechnik v Netherlands ECHR 23 February 1995,
Series A, vol 306B para 53�� 290
Iatridis v Greece App no 31107/96, ECtHR, 25 March 1999, para 54�� 290
Inze v Austria ECHR 9 December 1987, Series A, vol 126, para 38�� 290
Marckx v Belgium (1979) Series A, vol 31, para 63�� 290
Mazurek v France, ECtHR, 1 February 2000�� 290
Pressos Compania Naviera v Belgium ECHR 20 November 1995,
Series A, vol 332, para 31�� 290
Stran Greek Refineries v Greece ECHR 9 December 1994, Series A,
vol 301B, para 61�� 290
Van Marle v Netherlands ECHR 26 June 1986, Series A, vol 101, para 41�� 290
European Court of Justice
Case 26/62, Van Gend & Loos [1963] ECR 3�� 294, 347
Case 6/64 Costa v ENEL [1964] ECR 1203�� 294, 347
Case 14/68 13 February 1969 Walt Wilhelm [1969] ECR 1�� 294, 347
Case 62/70 Coditel v Ciné-Vog Films [1980] ECR 881�� 593
Case 36/74 Walrave v Wielerbonden [1974] ECR 1405�� 195
Case 43/75 Defrenne v Sabena I [1976] ECR 547�� 195
Case 12/76 Tessili v Dunlop AG 1976 ECR 1473�� 192
Case 13/76 Dona v Mantero [1976] ECR 1333�� 195
Case 33/76 Rewe v Landswirtschaftskammer fur das Saarland
[1976] ECR 1989�� 195, 643
Joined Cases 83/76 and 94/76, 4/77, 15/77 and 40/77 HNL and
Others v Council and Commission [1978] ECR 1209�� 201
Joined Cases 110/78 and 111/78 Van Wesemael [1979] ECR 35�� 592
Case 279/80 Re Alfred John Webb [1981] ECR 3305�� 592
xx Table of Cases
Case 102/81 Nordsee Deutsche Hochseefisherei GmbH v Reederei

Mond Hochseefischerei Nordstern AG [1982] ECR 1095�� 445
Case 14/83 Von Colson and Kamann [1984] ECR 1891, 10 April 1984�� 347
Case 205/84 Commission v Germany [1986] ECR 755�� 592
Case 222/84 Johnson v Chief Constable of the Royal Ulster Constabulary
[1986] ECR 1651�� 198
Case 89/85 Alstrom v Commission (Woodpulp case) [1988] ECR 5193�� 331
Case C-180/89 Commission v Italy [1991] ECR 709�� 593
Case C-190/89 Marc Rich Co AG v Societa Italiana Impianti PA (1992)�� 460
Case C-353/89 Mediawet [1991] ECR I-4069�� 593
Case C-361/89 De Pinto [1991] ECR I-1189�� 63, 245
Joined Cases C-6/90 and C-9/90 Francovich and Others
[1991] ECR I-5357��198, 201, 347
Case C-30/90 The Commission v The UK [1992] ECR I-858�� 372
Case C-47/90 Delhaize v Promalvin and AGE [1992] ECR I-3669�� 340
Case C-204/90 Bachman [1992] ECR 249�� 593
Case C-91/92 Faccini Dor [1994] ECR I-3325�� 347
Case C-275/92 Schindler [1995] ECR I-1039�� 593
Case C-55/93 Van Schaik [1994] ECR I-4837�� 593
Case C-384/93 Alpine Investments BV v Minister van Financien
[1995] ECR I-1141�� 593
Joined Cases C-430/93 and C-431/93 Van Schijndel [1995] ECR I-4705�� 347
Case C-55/94 Reinhard Gebhard v Consiglio dell’ Ordine degli Avvocati
e Procuratori di Milano [1995] ECR I-4165�� 592
Case C-272/94 Guiot [1996] ECR I-1095�� 593
Case C-3/95 Reisebüro Broede v Gerd Sandker [1996] ECR I-6511�� 592
Case C-261/95 Palmisani [1997] ECRI-4025�� 347
Case C-391/95 Van Uden Maritime v Deco-Line (1998)�� 460
Case C-126/97 Eco Swiss v Benetton [1998] ECR I-3055��339, 347, 445,
447, 461, 485, 606
Case C-38/98 Regie nationale des usines Renault SA v Maxicar SpA
and Orazio Formento [2000] ECR I-2973�� 445
Case C-281/98 Angonese v Cassa di Ripsparmio di Bolzano, 6 June 2000�� 195
Case C-464/01Gruber [2005] ECR I-439�� 63, 245
Case C-144/04 Mangold [2005] ECR I-19981��198, 440, 630, 643
Joined Cases C-295/04–298/04 Manfredi/Lloyd/Adriatico�� 195
Case C-168/05, Elisa Maria Mostaza Clarov Centro Movil Milenium SL
[2006] ECR I-10421�� 445
Joined Cases C-402/05P & C-415/05P Kadi and Al Barakaat International
Foundation v Council and Commission [2008] ECR I-6315�� 446
Case C-47/07 Masdar v Commission [2008] ECR I-9761�� 198
Case C-94/07 Raccanelli v Max Planck Gesellschaft [2008] ECR I-5939�� 195
Case C-185/07 Allianz SpA and Another v West Tankers Inc (2009)�� 460
Case C-205/07 Gysbrecht/Santurel [2008] ECR I-9947�� 245
Case C-555/07 Seda Kucukdeveci/Swedex [2010] IRLR 346�� 198
Case C-40/08 Asturcom Telecommunicationes SL v Cristina Rodriguez
Nogeira [2009] ECR I-9579�� 445
Case C-101/08 Audiolux a.o v Groupe Bruxelles Lambert SA a.o
[2009] ECR I-9823��198, 440, 630, 643
Case C-115/08 Land Oberoesterreich v Cez [2009] ECR I-10265��198, 440, 643
Case C-196/09 Miles and Others v Ecoles Européennes (2011)�� 445
Table of Cases xxi
Case C-282/10 Maribel Dominguez v Centre Informatique�� 195

Case C-171/11 Fra.bo v DVGW, 12 July 2012�� 195
Case C-426/11 A v Parkwoodlemo-Heron�� 195
Case C-604/11 Genil 48 SL and Comercial Hostelera de Grandes Vinos SL v
Bankinter SA and Banco Bilbao Vizcaya Argentaria SA, 30 May 2013�� 537
Case C-470/12 Pohotovost v Vasuta, ECJ 27 February 2014�� 195
Finland
Supreme Court, Werfen Austria v Polar Electro, KKO 2008:77�� 448
France
Cour de Cassation
5 November 1991, Bull Civ IV, no 328 (1992)�� 191
7 May 1963, Dalloz 1963, 545�� 417
14 October 1981, Semaine Juridique II 19815 (1982)�� 191
BKMI and Siemens v Dutco, 7 January 1992 Bull Civ 1 (1992)�� 456
Compania Valenciana de Cementos Portland SA v Primary Coal Inc
Cass Civ (1) 22 October 1991, 1991 Bull Civil I, no 275��390, 438, 644
Fougerolle (France) v Banque de Proche Orient (Lebanon),
Cour de Cass 9 December 1981 (1982) Revue de l’Arbitrage 183�� 389
Norsolor (XXIV ILOM 360, 1984)�� 238
Req 28 Oct 1903, DP 1.14 (1904)�� 57
Ste PT Putrabali Adyamulia, Cour de Cass. Civ 1, 29 June 2007��14, 68, 212,
414, 430–31, 645
Ste SNF SAS c/ Ste Cytec Industries BV, Cass Civ, 4 June 2008,
Bull Civ I no 162, Gaz Pal No 52�� 445
Paris Court of Appeal
18 November 2004, Case no 2002/60932 (Thalès) JCP G 2005 II 10038�� 339
22 October 1983 [1984] Revue de l’Arbitrage 98.l�� 456
29 March 1991, Ste Ganz, Revue de l’Arbitrage (1991) 478�� 285
30 March 1999�� 489
Engel Austria GmbH v Don Trade, 3 December 2009, RG 08/13618�� 448
Tribunal de Commerce de Paris, 8 March 1976�� 191
Versailles Court of Appeal, decision of 6 February 1991 [1991]
Rev Crit de Dr Intern Privé 745�� 320
Germany
BGH
11 July 1985 [1985] NJW 2897�� 501
22 February 1956, BGHZ 20, 88�� 33
38 BGHZ 254 (1962)�� 501
Supreme Court, 1 March 2007, III ZB 7/06, 25 ASA Bulletin 2007, 810�� 400
International Cases
ADC Affiliate Limited and ADC & ADMC Management Limited v
Republic of Hungary (ICSID Case No ARB/03/16)�� 600
ADF Group Inc v USA (2003) 18 ICSID Review�� 598
AES Summit Generation Ltd & AES-Tisza Eromii Kft v Republic of Hungary,
ICSID Case No ARB/07/22 (23 September 2010)�� 446, 593
AES v Argentine Republic, ICSID Case No ARB/02/17�� 658
Alex Genin, Eastern Credit Ltd, Inc v Republic of Estonia,
Award ARB/99/02 (ICSID)�� 582, 598
Amoco International Finance Corp v Government of the Islamic Republic
of Iran [1987–1988] Award 310-56-3 and 27 ILM 1314 (Iran-US CTR)�� 590
xxii Table of Cases
Asia Corporation and others v Republic of Indonesia Arb/81/1

Resubmission (Amco II)�� 657
Asian Agricultural Products Ltd v Republic of Sri Lanka [1990]
Award Case ARB/87/3 (ICSID)�� 573
Autopista Concesionada de Venezuela, CA v Bolivarian Republic of Venez
[2003] Award, Case ARB/00/5 (ICSID)�� 573
Azurix Corp v Argentina [2006] Case ARB/01/12 67 (ICSID)��573, 601, 656
Barcelona Traction Case (1970) ICJ Rep 3�� 329, 535
Biwater Gauff (Tanzania) Ltd v United Republic of Tanzania
[2007] 464 Case ARB/05/22 (ICSID)�� 589
BP Exploration Company (Libya) Limited v Government of the
Libyan Arab Republic [1973 and 1974] 53 ILR 297��209, 564, 586
BP Exploration Company (Libya) Ltd v Government of the Libyan
Arab Republic [1979] 53 ILR 297 (Trib Arb)�� 578
Bureau Veritas; Inspection, Valuation, and Control, BIVAC BV v
Republic of Paraguay, ICSID Case No ARB/07/9�� 658
Ceskoslovenska Obchodni Banka AS v The Slovak Republic,
ICSID Case No ARB/97/4, IIC 49 (1999)�� 568
CMS v Argentina [2005] (ICSID)�� 573, 601
Compañía de Desarrollo Santa Elena SA v Costa Rica [2000]
Award 39 ILM 317 para64 (ICSID)�� 573, 591
Czech Republic BV (the Netherlands) v Czech Republic Partial [2001] IIC 61�� 562, 598
Daimler Financial Services AG v Argentine Republic, ICSID Case No ARB/05/1�� 658
DOW Chemical France v ISOVER Saint Gobain, ICC 4131/1982,
(1983) 110 Journal du Droit Internationa l899�� 456
Duke Energy Electroquil Partners v Republic of Ecuador [2008]
Award Case 04/19 (ICSID)�� 573
Eastern Sugar BV v Czech Republic, Stockholm Chamber of Commerce
no 088/2004 (2007)�� 445–46
EDF International v Argentine republic, ICSID Case No ARB/03/23�� 658
Emilio Agustin Maffezini v Kingdom of Spain, ICSID Case No ARB/97/7,
IIC 85 (2000)�� 572
Enron Corp & Ponderosa Assets, LP v Argentina Republic [2007]
Award Case ARB/01/3 paras 206–09 (ICSID)�� 573
Enron v Argentina, ICSID Case No ARB/01/3, IIC 92 (2004)�� 572
Ethyl Corporation v Canada [1999] 38 ILM 708�� 602
Eureko BV v Slovak Republic, PCA Case no 2008-13�� 446, 593
Generation Ukraine, Inc v Ukraine [2005] Award Case
ARB/00/9 44 ILM 404 (ICSID)�� 597
Glamis Gold Ltd v United States of America [2009]
NAFTA/UNCITRAL Award��588, 597–98, 607, 621, 632
Government of Kuwait v American Independent Oil Company
(Aminoil) [1984] Award of 24 March 1982 66 ILR 518 and
21 ILM 976��200, 563, 577–78, 582, 586
Hilmarton Ltd v Omnium de Traitement et de Valorisation
(1997) XXII Yearbook of Commercial Arbitration 696�� 431, 481
Himpura California Energy Ltd v PT (Perrsero) Perrusahaan Listruik
Negara, Arbt’l Award1999 (2000) XXV Yearbook of Commercial Arbitration�� 448
Himpurna v Indonesia, TDM 2 (2004)�� 481
ICC Case 1110 (1994) 10 Arbitration International 286�� 448
Lanco v Argentina, ICSID Case No ARB/97/6, IIC 148 (1998)�� 572
Table of Cases xxiii
LESI SpA et ASTALDI Spa v People’s Democratic Republic of Algeria,

ICSID Case No ARB/05/3, IIC 205 (2001)�� 568
LFH Neer and Pauline Neer (USA) v United Mexican States [1926]
4 RIAA 60 21 AJIL (1927) 555 (US–Mexico General Claims Commission)�� 598
LG&E v Argentina [2006] Award on Damages Case
ARB/02/1(ICSID)��562, 573, 582, 599–601
Maritime International Nominees Establishment v Republico
of Guinea [1989] Decision on Annulment Case ARB/84/4 (ICSID)�� 573
Marvin Roy Feldman Karpa (CEMSA) v United Mexican States
[2003] Case ARB (AF) 99/1, 42 ILM 625 (ICSID)�� 592
Merrill & Ring Forestry LP v Government of Canada, ICSID
Administered Case, 31 March 2010�� 463, 597–98, 660
Metal-Tech Ltd v Uzbekistan, ICSID Case No ARB/10/3, 4 October 2013�� 448
Metalclad Corporation v Mexico [2001] Case ARB(AF)/97/1
40 ILM 36 (ICSID)��591, 597, 601
Methanex Corp v United States of America [2005]
Award 44 ILM 1345��590–91, 597, 602, 658
Micula v Romania, ICSID Case No ARB/05/20, Award
of 11 December 2013�� 446
Middle East Cement Shipping and Handling Co v Egypt [2002]
Case ARB/99/6�� 600
Mihaly International Corporation v Sri Lanka, ICSID
Case No ARB/00/2, IIC 170 (2002)�� 568
MINE v Guinea, ICSID Case N°ARB/84/4 Decision on Annulment,
22 December 1989�� 545, 654
Mobil Oil Iran, Inc v Government of the Islamic Republic of Iran
[1987] Award 311-74/76/81/150-3 (Iran-US CTR)�� 590
Mohsen Asgari Nazari v Islamic Republic of Iran (24 August 1994)�� 655
MTD v Chile [2004] (ICSID)�� 573, 601
Nicaragua v US (Merits) para. 29 [1986] ICJ Rep. 24��448, 544, 628
Norsolor (Pabalk Ticaret Sirketi (Turkey) v Ugilor/Norsolor SA,
ICC Case 3131 26 October 1979(1984) IX Yearbook
Commercial Arbitration 109��238, 388, 390, 438, 644
Panevezys-Saldutiskis Railway (Estonia v Lithuania) (1939)
PCIJ Reports Series A/B 76�� 560
Patrick Mitchell v Democratic Republic of the Congo, ICSID
Case No ARB/99/7, IIOC172 (2006)�� 568
Petroleum Development (Trucial Coast) Ltd and the Sheikh
of Abu Dhabi (ward in the Matter of an Arbitration between)
(1952) 1 Int’l & Comp LQ 247, 18 ILR 144 (1951)�� 200, 576
Pope & Talbot Inc. v Canada [2000] Interim Award 122
ILR 316 s 102 (UNCITRAL)�� 589, 598
Ronald S Lauder v The Czech Republic, UNCITRAL Rules,
IIC 205 (2001)�� 572
Saluka Investments BV v Czech Republic, UNCITRAL Rules
Partial Award, IIC 210 (2006)��568, 589, 594, 597
Saudi Arabia v Arabian Am Oil Co (ARAMCO) 27 ILR 117,
164 (Arb Trib 1963)�� 563, 578
SD Myers v Canada [2000] (NAFTA)��582, 597, 602
Sedco, Inc v National Iranian Oil Co [1985] 248–75 (9 Iran-US CTR)�� 589
Sedelmayer v Russia, Award of 7 July 1998, Chamber of Commerce Stockholm�� 600
xxiv Table of Cases
Sempra Energy International [2005] Case ARB/02/16 (ICSID)�� 573, 589

SGS v Pakistan (2003) 42 ILM 1290�� 334, 579
SGS v Philippines (2003) 42 ILM 1285�� 334
SGS v Philippines, ICSID Case No ARB/02/6, IIC 224 (2004)�� 572, 579
SPP (Middle East Ltd) and South Pacific Projects v Egypt
and EGOTRH [1988] LAR 309�� 342
Tecmed v Mexico [2006] Case ARB (AF)/00/2 10 ICSID Reports
54 para 115��562, 568, 589, 591, 599
Texaco Overseas Petroleum Co & Cal Asiatic Oil Co v The Gov’t
of the Lybian Arab Republic (1979) 4 YB Com Arb 177��200, 563, 578
Texaco Overseas Petroleum Company and California Asiatic
Oil Company v The Government of the Libyan
Arab Republic [1977] 53 ILR 389��564, 586, 600
Tippetts, Abbett, McCarthy, Stratton and TAMS-AFFA
Consulting Engineers of Iran v Islamic Republic of Iran
[1984] 219–25 (6 Iran-US CTR)�� 588
Tokios Tokeless v Ukraine, ICSID Case No ARB/02/18, IIC 258 (2004)�� 568
Too v Greater Modesto Insurance Associates [1989] Award 378
(23 Iran-US CTR)�� 589
TSA Spectrum de Argentina SA v Argentine Republic, ICSID
Case No ARB/05/5, IIC 358 (2008)�� 568
UK v Iceland (Merits) [1974] ICJ Rep 9, para 17�� 544
Vivendi Universal SA v Argentine Republic [2007]
Case ARB/97/3��541, 573, 588, 656–58
Wena Hotels Limited v Egypt, ICSID Case No ARB/98/4,
8 December 2000��448, 573, 582, 600
World Duty Free Co Ltd v Kenya, ICSID Case No ARB/00/7,
4 October 2006�� 448
Netherlands
HR 1 February 1985, NJ 698 (Piscator, 1985)�� 322
HR 9 April 2009 (UPC/Land), JOR 179 (2010)�� 636
HR 19 January 2007 (PontMeyer), NJ 575 (2007)�� 636
HR 19 May 1989 [1990] NJ 745�� 503
HR 25 September 1992 [1992] NJ 750�� 320
HR 29 June 2007 (Derksen/Homburg), NJ 576 (2007)�� 636
New Zealand
Gallway Cook Allen v Carr [2013] NZCA 11�� 399
Spain
Audiencia Provincial de Barcelona, Seccion 15a, Auto de 29
Abr 2009, Rec. 708/2008�� 538
Switzerland
Federal Supreme Court
Case 4A-254/2010�� 448
Case 4A-400/2008�� 448
GSA v SpA 118 Arrêts du Tribunal Federal [AFT] II, 193 (28 April 1992)�� 339
KS AG v CC SA, XX Yearbook of Commercial Arbitration 1995, 762�� 486
United Kingdom
Abu Dabi Gas Liquefication Co Ltd v Eastern Bechtel Co [1982]
2 Lloyd’s Rep 425�� 474
Amin Rasheed Shipping Corporation v Kuwait Insurance Company
[1983] 1 WLR 228, [1984] AC 50�� 70–72, 237
Table of Cases xxv
Balearis, The [1993] 1 Lloyd’s Rep 215�� 404

Bank of Baroda v Vysya Bank [1994] 2 Lloyd’s Rep 87�� 320
BCCI v Ali [2001] 2 WLR 735�� 42, 150
Bechuanaland Exploration Co v London Trading Bank
[1898] 2 QBD 658��191, 373, 514
Belmont Park Investments Pty Ltd v BNY Corporate Trustee
Services Ltd [2011] UKSC 38�� 548
Bloom v Pensions Regulator [2011] EWCA Civ 1124�� 548
Bloom v Pensions Regulator [2013] UKSC 52�� 548
British Airways Board v Laker Airways Ltd [1985] 3 WLR 413,
[1985] AC 58 (HL)�� 335, 476
British Eagle International Airlines Ltd v Compagnie Nationale
Air France [1975] 2 All ER 390�� 35, 285, 492, 502, 542, 553
Bulmer v Bollinger [1974] Ch 401�� 42, 149
Channel Tunnel Group v Balfour Beatty Construction Ltd
[1995] AC 334�� 200
Compania de Neviera Nedelka SA v Tradex Internacional SA,
The Tres Flores [1974] QB 264�� 49, 522
Dearle v Hall (1828) 3 Russ 1�� 34, 139
Denis v Johnson [1979] AC 264�� 150
Deutsche Schachtbau- und Tiefbohrgesellschaft
mbH v Ras al-Khaimah National Oil Co
[1987] 3 WLR 1023��72, 238, 390, 424, 439, 441, 490, 622, 644
Dolling-Baker v Merret [1990] 1 WLR 1205�� 400
Donoghue v Stevenson [1932] AC 562�� 143
Eagle Star v Yuval [1978] 1 Lloyd’s Rep 357��390, 439, 644
EI du Pont de Nemours v Agnew [1987] 2 Lloyd’s Rep 585�� 72
Eves v Eves [1975] 1 WLR 1338�� 139
Fiona Trust & Holding Corp v Yuri Privalov [2007] UKHL 40�� 417, 455
Gallie v Lee [1969] 1 All ER 1072�� 145
General Insurance Corp v Forsakringaktiebolaget Fennia
Patria[1983] QB 856�� 204
Goodwin v Roberts [1876] 1 AC 476�� 191, 368
Government Stock v Manila Rail Co [1897] AC 81�� 139
Halpern v Halpern [2007] EWCA Civ 291�� 439
Harlow and Jones Ltd v American Express Ban Ltd &
Creditanstalt-Bankverein [1990] 2 Lloyd’s Rep 343�� 192
Hassneh Insurance v Mew [1993] 2 Lloyds Rep 243�� 383, 400
Hazell v London Borough of Hammersmith and Fulham
and Others [1991] 1 All ER 545�� 207, 378
Hill v Tupper [1863] 2 Hurlst 7 C 121�� 138
Holman v Johnson (1775) 98 ER 1120�� 335
Homburg Houtimport BV v Agrosin Private Ltd,
The Starsin [2003] 1 Lloyd’s Rep 571�� 49, 522
ICS Ltd v West Bromwich BS [1998] 1 WLR 896�� 42
Illingworth v Houldsworth [1904] AC 355�� 139
Interfoto Picture Library Ltd v Stiletto Visual
Programmes Ltd [1989] 1 QB 433��42, 127, 139, 354, 635
Investors Compensation Scheme Ltd v West Bromwich
Building Society [1998] 1 WLR 896�� 150
K/S Norjarl A/S v Hyundai Heavy Industries Co Ltd
[1991] 1 Lloyd’s Rep 260�� 463
xxvi Table of Cases
Keppell v Bailey [1834] ER 1042�� 138

Kuwait Airways Corp v Iraqi Airways Co [2001] 3 WLR 1117�� 71
Lehman Brothers International (Europe), Re [2009] EWCA Civ 1161�� 548
Lehman Brothers International (Europe), Re [2009] EWHC 2545 (Ch)�� 548
Lehman Brothers International (Europe), Re [2012] EWHC 2997 (Ch)�� 548
Lehman Brothers International (Europe), Re [2012] UKSC 6�� 548
Lehman Brothers International (Europe) v Lehman Brothers Finance
SA [2013] EWCA Civ 188�� 548
Lister and Others v Forth Dry Dock and Engineering Co Ltd
and Another [1989] 1 All ER 1134�� 346
Lomas & Ors v JFB Firth Rixson Inc & Others [2012] EWCA Civ 419�� 546, 548
London Tramways v LCC [1898] AC 375�� 143
Luke v Lyde 2 Burr R 883�� 288
Magor & St Mellons RDC v Newport Corp [1952] AC 189�� 151
Mareva Compania Navietra SA v International Bulk Carriers
SA [1975] 2 Lloyds Rep 509�� 139, 188
Maritime Insurance Co Ltd v Assecuranz-Union Von
1865 [1935] 52 L1 LR 16��390, 439, 644
Occidental Exploration and Production Co v Republic of Ecuador
[2005] EWCA Civ 1116, [2005] 2 Lloyd’s Rep 707�� 238, 333
Orion v Belfort [1962] 2 Lloyd’s Rep 251 (QB Com Ct)��390, 439, 644
Oxford Shipping Co v Nippon Yusen Kaisha [1984] 3 All ER 835�� 383, 400
Pepper v Hart [1993] 1 All ER 42�� 150
Perpetual Trustee Co Ltd, Belmont Park Investments PTY Ltd v
BNY Corporate Trustee Services Ltd, Lehman Brothers
Special Financing Inc [2009] EWCA Civ 1160�� 284, 548
Picker v London and County Banking Co[1887] 18 QBD 512 (CA)�� 191, 368
Pillans v Van Mierop [1765] 97 ER 1035, [1765] 3 Burr 1663�� 17–18
Pinochet [2000] 1 AC 61�� 71
Power Curber International Ltd v National Bank of Kuwait
SAK [1981] 2 Lloyds Rep 394, [1981] 3 All ER 607�� 192, 223
Product Brokers Co Ltd v Olympia Oil & Cake Co Ltd [1916] 1 AC 314�� 204
Regazzione v KC Sethia (1944) Ltd [1958] AC 301�� 335
Rhodes v Allied Dunbar Pension Services Ltd [1987] 1 WLR 1703�� 34
Salomon v A Salomon & Co Ltd [1897] AC 22�� 139
Sheldon v Hently [1681] 2 Show 160�� 18
Three Rivers District Council and Others v Governor and
Company of the Bank of England [2000] 2 WLR 1220�� 489
Total Gas Marketing Ltd v Arco British Ltd [1998] 2 Lloyd’s Rep 209�� 42
Trustees of Lehman Brothers Pension Scheme v Pensions
Regulator [2013] EWCA Civ 751�� 548
Unterweser Reederei GmbH v Zapata Off-shore Company
[1968] 2 Lloyd’s Rep 158 (CA)�� 337
Vallejo v Wheeler [1774] 1 Cowp 143 (KB)�� 49, 522
Vita Food Products Inc v Unus Shipping Co Ltd [1939] AC 277�� 340
Walford v Miles [1992] 2 WLR 174�� 39, 366
Yorkshire Woolcombers Associations Ltd, Re [1903] 2 Chap 284�� 139
Zahnrad Fabrik Passau GmbH v Terex Ltd 1986 SLT 84�� 504
Zermalt Holdings SA v Nu-Life Upholstery [1985] 2 EGLR 14�� 404
Table of Cases xxvii
United States
Asahi Metal Industry Co Ltd v Superior Court (1987) 480 US 102�� 330
Austern v Chicago Board Option Exchange 716 F Supp 121 (SDNY 1989)�� 422
Babcock v Jackson 240 NYS 2d 743 (1963)�� 336
Banco do Brazil, SA v AC Israel Commodity Comp Inc12
NY 2d 371 239 (1963)�� 335
Bevill, Breslett and Schulman Asset Management Corporation
and SS Cohen v The Savings Building and Loan Co, In the
matter of USCA 3rd Cir, 896 Fed Rep 2d, 54(1990)�� 506
Bonny v Lloyd’s of London 3 F3d 156 (7th Circ 1993)�� 338
Bremen (The) et al v Zapata Off-shore Co 407 US 1 (1972)��337, 443, 537
BulovaWatch Co Inc v K Hattori & Co Ltd (1981) 508 F Supp 1322�� 331
Chromalloy Airoservices Inc v Arab Republic of Egypt,
937 FSupp 907 (DDC 1996)��68, 431, 481
Clearfield Trust Co v US 318 US 363 (1943)�� 288
Cohen v Army Moral Support Fund (In re Bevill, Breslett and
Schulman Asset Management Corp) 67 BR 557 (1986)�� 506
Commonwealth Coating Corp v Continental Casualty Co 393 US 145 (1968)�� 427
Corporación Mexicana de Mantenimiento Integral, S de RL de
CV v Pemex-Exploración y Producción, No 10 Civ 206
(AKH), 2013 US Dist LEXIS 121951 (SDNY 27 August 2013)�� 481
Daimler AG v Bauman 134 S Ct 746 (2014)�� 486
Delagi v Volkswagenwerk AF of Wolfsburg 29 NY 2d 426 (1972)�� 331
Deutsch v West Coast Machinery Co 80 Wash 2d 707 (1972)�� 330
Erie v Tompkins 304 US 64 (1938)�� 287–88
Filartiga v Pena-Irala 630 F2d 876 (Second Circuit)�� 210
Green Tree Financial Corp v Bazzle 539 US 444 (2003)��475, 492, 647
Guinness v Miller 291 Fed 768 (SDNY 1923)�� 317
Hall Street v Matell, 552 US 576 (2008)�� 399
Hartford Fire Insurance Co v California 509 US 764 (1993)��71, 329, 535
Helicopteros Nacionales de Colombia, SA v Hall 446 US 408 (1984)�� 330
Intel Corp v Advanced Micro Devices, Inc, 542 US 214 (2004)�� 479
International Shoe Co v Washington 326 US 310 (1945)�� 330
Johnson v Whiton 34 NE 543 (1893)�� 138
Jonas v Farmers Bros Co (In re Comark) 145 BR 47, 53 (9th Cir, 1992)�� 506
JSC BTA Bank, Debtor in a Foreign Proceedings, In re, 434 BR 334 (2010)�� 542
Kioble v Royal Dutch Petroleum Co 133 SCt 1659 (2013)�� 210
Koehler v Bank of Bermuda Ltd 12 NY 3d 533 (2009)�� 486
Laker Airways Ltd v Sabena Belgian World Airlines 731 F2d 909
(DC Circuit 1984)�� 70
Landoil Resources Corp v Alexander & Alexander Services
Inc (1990) 918 NYS 2d 739�� 331
Lauritzen v Larson 345 US 571 (1953)�� 416
Lawrence v Texas 539 US 588 (2003)�� 157, 159
Leasco Data Processing Equipment Corp v Maxwell (1972) 468 F2d 1326�� 335
Lehman Brothers Special Financing Inc v BNY Corporate Trustee
Services Ltd Case no 09-01242 (Bankr. SDNY) 25 January 2010�� 284
Lombard-Wall, In re 23 BR 165 (1982)�� 506
Lombard Wall Inc v Columbus Bank & Trust Co, No 82-B-11556
Bankr. SDNY 16 Sept 1982�� 506
Mannington Mills Inc v Congoleum Corp (1979) 595 F2d 1287��329, 331, 535
xxviii Table of Cases
Marbury v Madison 5 US (1 Cranch) 137 (1803)�� 149, 154

McCarthy, Kenney & Reidy, PC v First National Bank of Boston
524 NE 2d 390 (Mass 1988)�� 49, 522
Micula et al v The Government of Romania, N0 15 MISC 107,
2015 WL 4643 180 (SDNY 5 August 2015) United States�� 446
Ministry of Defense of the Islamic Republic v Gould,
Inc 887 F 2d 1357 (9th Cir, 1989)�� 238
Missouri v Holland 252 US 416, 433 (1920)�� 154
Mitsubishi Motors Corp v Soler Chrysler-Plymouth,
Inc 473 US 614 (1985)��337–38, 445, 485, 537, 606
Nebraska Dept of Revenue v Loewenstein 115 SCt 557 (1994)�� 506
Oriental Pac (USA) Inc v Toronto Dominion Bank 357
NYS 2d 957 (NY 1974)�� 192
Pero’s Steak and Spaghetti House v Lee 90 SW 3d (Tenn 2002)�� 50, 522
Piper Aircraft Co v Reyno 454 US 235 (1981)�� 337
Poe v Ulman 367 US 497 (1960)�� 210, 631
Prima Paint Co v Flood Conklin Manufacturing Corp 388 US 395 (1967)�� 417
Pritchard v Norton 106 US 124, 131 (1881)�� 298
Robinson v Commonwealth Ins Co (1838) 20 Fed Cas 1002�� 288
Roper v Simmons 125 S Ct 1183 (2005)�� 157, 159
Scherk v Alberto-Culver Co 417 US 506 (1974)��337, 443, 537
Sharon v Sharon (1888) 75 Cal 1�� 148
Simula, Inc v Autoliv 175 F3d 716 (9th Circ 1999)�� 338
Sonatrach (Algeria) v Distrigas Corp 1995 (US District Court Mass),
XX Yearbook of Commercial Arbitration 1995, 795�� 486
Sosa v Alvarez-Machain 542 US 692 (2004)�� 210
Southern Pacific Transportation Co v Commercial Metals Co
456 US 336 (1982)�� 288
Swift v Tyson (1842) 41 US 1�� 288
Teacher’s Ins & Annuity Ass’n v Butler 626 F Supp 1229
(SDNY 1986)�� 43
TermoRio SA ESP et al v Electranta SP, et al, 487 F3d 928, 939
(DC Cir 2007)�� 481
Texas Industries v Radcliff Materials Inc (1981) 451 US 630�� 288
Timberlane Lumber Co v Bank of America (1976) 549 F 2d 597�� 329, 535
Tooker v Lopez 301 NYS 2d 519 (1969)�� 336
Union Carbide Corp, Re, 809 F2d 195 (1987)�� 337
United States and Guarantee Company v Guenther 281 US 34 (1929)�� 259
United States v Aluminium Company of America (Alcoa)
148 Fed 2d 416 (1945)�� 329, 535
United States v Imperial Chemical Industries (ICI)
105 F Supp 215 (1952)�� 329, 535
United States v Standard Oil of California (1947) 332 US 301�� 288
Volkswagenwerk AG v Klippan, GmbH 611 P2d 498 (1980)�� 331
Western Union Telegraph Co v Call Publishing Co (1901) 181 US 92�� 288
Zimmerman v Continental Airlines, Inc 712 F2d 55 (3d Circuit 1983)�� 538
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Laura spent a happy afternoon choosing presents at the village shop. For
Henry she bought a bottle of ginger wine, a pair of leather gaiters, and some
highly recommended tincture of sassafras for his winter cough. For
Caroline she bought an extensive parcel—all the shop had, in fact—of
variously coloured rug-wools, and a pound’s worth of assorted stamps. For
Sibyl she bought some tinned fruits, some sugar-biscuits, and a pink knitted
bed-jacket. For Fancy and Marion respectively she bought a Swanee flute
and a box with Ely Cathedral on the lid, containing string, which Mrs.
Trumpet was very glad to see the last of, as it had been forced upon her by a
traveller, and had not hit the taste of the village. To her great-nephew and
great-nieces she sent postal orders for one guinea, and pink gauze stockings
filled with tin toys. These she knew would please, for she had always
wanted one herself. For Dunlop she bought a useful button-hook.
Acquaintances and minor relations were greeted with picture postcards,
either photographs of the local War Memorial Hall and Institute, or a
coloured view of some sweet-peas with the motto: ‘Kind Thoughts from
Great Mop.’ A postcard of the latter kind was also enclosed with each of the
presents.
Titus was rather more difficult to suit. But by good luck she noticed two
heavy glass jars such as old-fashioned druggists use. These were not
amongst Mrs. Trumpet’s wares—she kept linen buttons in the one and horn
buttons in the other; but she was anxious to oblige such a magnificent
customer and quite ready to sell her anything that she wanted. She was
about to empty out the buttons when Laura stopped her. ‘You must keep
some for your customers, Mrs. Trumpet. They may want to put them in
their Christmas puddings.’ Laura was losing her head a little with the
excitement. ‘But I should like to send about three dozen of each sort, if you
can spare them. Buttons are always useful.’
‘Yes, miss. Shall I put in some linen thread too?’
Mrs. Trumpet was a stout, obliging woman. She promised to do up all
the parcels in thick brown paper and send them off three days before
Christmas. As Laura stepped out of the shop in triumph, she exclaimed:
‘Well, that’s done it!’
For the life of her she could not have said in what sense the words were
intended. She was divided between admiration for her useful and well-
chosen gifts and delight in affronting a kind of good taste which she
believed to be merely self-esteem.
Although she had chosen presents with such care for her relations, Laura
was surprised when counter presents arrived from them. She had not
thought of them as remembering her. Their presents were all of a warm
nature; they insisted upon that bleakness and draughtiness which their
senders had foretold. When Caroline wrote to thank Laura, she said:
‘I have started to make you a nice warm coverlet out of those pretty
wools you sent. I think it will look very cheerful and variegated. I often feel
quite worried to think of you upon those wind-swept hills. And from all I
hear you have a great many woods round you, and I’m afraid all the
decaying leaves must make the place damp.’
Heaping coals of fire was a religious occupation. Laura rather admired
Caroline for the neat turn of the wrist with which she heaped these.
In spite of the general determination of her family that she should feel
the cold Laura lived at Great Mop very comfortably. Mrs. Leak was an
excellent cook; she attended to her lodger civilly and kindly enough, made
no comments, and showed no curiosity. At times Laura felt as though she
had exchanged one Caroline for another. Mrs. Leak was not, apparently, a
religious woman. There were no texts on her walls, and when Laura asked
for the loan of a Bible Mrs. Leak took a little time to produce it, and blew
on the cover before she handed it over. But like Caroline, she gave the
impression that her kingdom was not of this world. Laura liked her, and
would have been glad to be upon less distant terms with her, but she did not
find it easy to break through Mrs. Leak’s reserve. She tried this subject and
that, but Mrs. Leak did not begin to thaw until Laura said something about
black-currant tea. It seemed that Mrs. Leak shared Laura’s liking for
distillations. That evening she remarked that the table-beer was of her own
brewing, and lingered a while with the folded cloth in her hand to explain
the recipe. After that Laura was given every evening a glass of home-made
wine: dandelion, cowslip, elderberry, ashkey, or mangold. By her
appreciation and her inquiries she entrapped Mrs. Leak into pausing longer
and longer before she carried away the supper-tray. Before January was out
it had become an established thing that after placing the bedroom
candlestick on the cleared table Mrs. Leak would sit down and talk for half
an hour or so.
There was an indoor pleasantness about these times. Through the wall
came the sound of Mr. Leak snoring in the kitchen. The two women sat by
the fire, tilting their glasses and drinking in small peaceful sips. The
lamplight shone upon the tidy room and the polished table, lighting topaz in
the dandelion wine, spilling pools of crimson through the flanks of the
bottle of plum gin. It shone on the contented drinkers, and threw their large,
close-at-hand shadows upon the wall. When Mrs. Leak smoothed her apron
the shadow solemnified the gesture as though she were moulding an
universe. Laura’s nose and chin were defined as sharply as the peaks on a
holly leaf.
Mrs. Leak did most of the talking. She talked well. She knew a great
deal about everybody, and she was not content to quit a character until she
had brought it to life for her listener.
Mrs. Leak’s favourite subject was the Misses Larpent, Miss Minnie and
Miss Jane. Miss Minnie was seventy-three, Miss Jane four years younger.
Neither of them had known a day’s illness, nor any bodily infirmity, nor any
relenting of their faculties. They would live for many years yet, if only to
thwart their debauched middle-aged nephew, the heir to the estate. Perhaps
Miss Willowes had seen Lazzard Court on one of her walks? Yes, Laura had
seen it, looking down from a hill-top—the park where sheep were penned
among the grouped chestnut trees, the long white house with its
expressionless façade—and had heard the stable-clock striking a deserted
noon.
The drive of Lazzard Court was five miles long from end to end. The
house had fourteen principal bedrooms and a suite for Royalty. Mrs. Leak
had been in service at Lazzard Court before her marriage; she knew the
house inside and out, and described it to Laura till Laura felt that there was
not one of the fourteen principal bedrooms which she did not know. The
blue room, the yellow room, the Chinese room, the buff room, the balcony
room, the needle-work room—she had slept in them all. Nay, she had
awakened in the Royal bed, and pulling aside the red damask curtains had
looked to the window to see the sun shining upon the tulip tree.
No visitors slept in the stately bedrooms now, Lazzard Court was very
quiet. People in the villages, said Mrs. Leak coldly, called Miss Minnie and
Miss Jane two old screws. Mrs. Leak knew better. The old ladies spent
lordily upon their pleasures, and economised elsewhere that they might be
able to do so. When they invited the Bishop to lunch and gave him stewed
rabbit, blackberry pudding, and the best peaches and Madeira that his
Lordship was likely to taste in his life, he fared no worse and no better than
they fared themselves. Lazzard Court was famous for its racing-stable. To
the upkeep of this all meaner luxuries were sacrificed—suitable bonnets,
suitable subscriptions, bedroom fires, salmon and cucumber. But the stable-
yard was like the forecourt of a temple. Every morning after breakfast Miss
Jane would go round the stables and feel the horses’ legs, her gnarled old
hand with its diamond rings slipping over the satin coat.
Nothing escaped the sisters. The dairy, the laundry, the glass-houses, the
poultry-yard, all were scrutinised. If any servant were found lacking he or
she was called before Miss Minnie in the Justice Room. Mrs. Leak had
never suffered such an interview, but she had seen others come away, white-
faced, or weeping with apron thrown over head. Even the coffins were
made on the estate. Each sister had chosen her elm and had watched it
felled, with sharp words for the woodman when he aimed amiss.
When Mrs. Leak had given the last touches to Miss Minnie and Miss
Jane, she made Laura’s flesh creep with the story of the doctor who took the
new house up on the hill. He had been a famous doctor in London, but
when he came to Great Mop no one would have anything to do with him. It
was said he came as an interloper, watching for old Dr. Halley to die that he
might step into his shoes. He grew more and more morose in his lonely
house, soon the villagers said he drank; at last came the morning when he
and his wife were found dead. He had shot her and then himself, so it
appeared, and the verdict at the inquest was of Insanity. The chief witnesses
were another London doctor, a great man for the brain, who had advised his
friend to lead a peaceful country life; and the maidservant, who had heard
ranting talk and cries late one evening, and ran out of the house in terror,
banging the door behind her, to spend the night with her mother in the
village.
After the doctor, Mrs. Leak called up Mr. Jones the clergyman. Laura
had seen his white beard browsing among the tombs. He looked like a
blessed goat tethered on hallowed grass. He lived alone with his books of
Latin and Hebrew and his tame owl which he tried to persuade to sleep in
his bedroom. He had dismissed red-haired Emily, the sexton’s niece, for
pouring hot water on a mouse. Emily had heated the water with the kindest
intentions, but she was dismissed nevertheless. Mrs. Leak made much of
this incident, for it was Mr. Jones’s only act of authority. In all other
administrations he was guided by Mr. Gurdon, the clerk.
Mr. Gurdon’s beard was red and curly (Laura knew him by sight also).
Fiery down covered his cheeks, his eyes were small and truculent, and he
lived in a small surprised cottage near the church. Every morning he walked
forth to the Rectory to issue his orders for the day—this old woman was to
be visited with soup, that young one with wrath; and more manure should
be ordered for the Rectory cabbages. For Mr. Gurdon was Mr. Jones’s
gardener, as well as his clerk.
Mr. Gurdon had even usurped the clergyman’s perquisite of quarrelling
with the organist. Henry Perry was the organist. He had lost one leg and
three fingers in a bus accident, so there was scarcely any other profession
he could have taken up. And he had always been fond of playing tunes, for
his mother, who was a superior widow, had a piano at Rose Cottage.
Mr. Gurdon said that Henry Perry encouraged the choir boys to laugh at
him. After church he used to hide behind a yew tree to pounce out upon any
choir boys who desecrated the graves by leaping over them. When he
caught them he pinched them. Pinches are silent: they can be made use of in
sacred places where smacking would be irreverent. One summer Mr.
Gurdon told Mr. Jones to forbid the choir treat. Three days later some of the
boys were playing with a tricycle. They allowed it to get out of control, and
it began to run downhill. At the bottom of the hill was a sharp turn in the
road, and Mr. Gurdon’s cottage. The tricycle came faster and faster and
crashed through the fence into Mr. Gurdon, who was attending to his
lettuces and had his back turned. The boys giggled and ran away. Their
mothers did not take the affair so lightly. That evening Mr. Gurdon received
a large seed-cake, two dozen fresh eggs, a packet of cigarettes, and other
appeasing gifts. Next Sunday Mr. Jones in his kind tenor voice announced
that a member of the congregation wished to return thanks for mercies
lately received. Mr. Gurdon turned round in his place and glared at the choir
boys.
Much as he disliked Henry Perry, Mr. Gurdon had disliked the doctor
from London even more. The doctor had come upon him frightening an old
woman in a field, and had called him a damned bully and a hypocrite. Mr.
Gurdon had cursed him back, and swore to be even with him. The old
woman bore her defender no better will. She talked in a surly way about her
aunt, who was a gipsy and able to afflict people with lice by just looking at
them.
Laura did not hear this story from Mrs. Leak. It was told her some time
after by Mrs. Trumpet. Mrs. Trumpet hated Mr. Gurdon, though she was
very civil to him when he came into the shop. Few people in the village
liked Mr. Gurdon, but he commanded a great deal of politeness. Red and
burly and to be feared, the clerk reminded Laura of a red bull belonging to
the farmer. In one respect he was unlike the bull: Mr. Gurdon was a very
respectable man.
Mrs. Leak also told Laura about Mr. and Mrs. Ward, who kept the Lamb
and Flag; about Miss Carloe the dressmaker, who fed a pet hedgehog on
bread-and-milk; and about fat Mrs. Garland, who let lodgings in the
summer and was always so down at heel and jolly.
Although she knew so much about her neighbours, Mrs. Leak was not a
sociable woman. The Misses Larpent, the dead doctor, Mr. Jones, Mr.
Gurdon, and Miss Carloe—she called them up and caused them to pass
before Laura, but in a dispassionate way, rather like the Witch of Endor
calling up old Samuel. Nor was Great Mop a sociable village, at any rate
compared with the villages which Laura had known as a girl. Never had she
seen so little dropping in, leaning over fences, dawdling at the shop or in
the churchyard. Little laughter came from the taproom of the Lamb and
Flag. Once or twice she glanced in at the window as she passed by and saw
the men within sitting silent and abstracted with their mugs before them.
Even the bell-ringers when they had finished their practice broke up with
scant adieus, and went silently on their way. She had never met country
people like these before. Nor had she ever known a village that kept such
late hours. Lights were burning in the cottages till one and two in the
morning, and she had been awakened at later hours than those by the sound
of passing voices. She could hear quite distinctly, for her window was open
and faced upon the village street. She heard Miss Carloe say complainingly:
‘It’s all very well for you young ones. But my old bones ache so, it’s a
wonder how I get home!’ Then she heard the voice of red-haired Emily say:
‘No bones so nimble as old bones, Miss Carloe, when it comes to—’ and
then a voice unknown to Laura said ‘Hush’; and she heard no more, for a
cock crew. Another night, some time after this, she heard some one playing
a mouth-organ. The music came from far off, it sounded almost as if it were
being played out of doors. She lit a candle and looked at her watch—it was
half-past three. She got out of bed and listened at the window; it was a dark
night, and the hills rose up like a screen. The noise of the mouth-organ
came wavering and veering on the wind. A drunk man, perhaps? Yet what
drunk man would play on so steadily? She lay awake for an hour or more,
half puzzled, half lulled by the strange music, that never stopped, that never
varied, that seemed to have become part of the air.
Next day she asked Mrs. Leak what this strange music could be. Mrs.
Leak said that young Billy Thomas was distracted with toothache. He could
not sleep, and played for hours nightly upon his mouth-organ to divert
himself from the pain. On Wednesday the tooth-drawer would come to
Barleighs, and young Billy Thomas would be put out of his agony. Laura
was sorry for the sufferer, but she admired the circumstances. The highest
flights of her imagination had not risen to more than a benighted drunk.
Young Billy Thomas had a finer invention than she.
After a few months she left off speculating about the villagers. She
admitted that there was something about them which she could not fathom,
but she was content to remain outside the secret, whatever it was. She had
not come to Great Mop to concern herself with the hearts of men. Let her
stray up the valleys, and rest in the leafless woods that looked so warm with
their core of fallen red leaves, and find out her own secret, if she had one;
with autumn it might come back to question her. She wondered. She
thought not. She felt that nothing could ever again disturb her peace.
Wherever she strayed the hills folded themselves round her like the fingers
of a hand.
About this time she did an odd thing. In her wanderings she had found a
disused well. It was sunk at the side of a green lane, and grass and bushes
had grown up around its low rim, almost to conceal it; the wooden frame
was broken and mouldered, ropes and pulleys had long ago been taken
away, and the water was sunk far down, only distinguishable as an
uncertain reflection of the sky. Here, one evening, she brought her guide-
book and her map. Pushing aside the bushes she sat down upon the low rim
of the well. It was a still, mild evening towards the end of February, the
birds were singing, there was a smell of growth in the air, the light lingered
in the fields as though it were glad to linger. Looking into the well she
watched the reflected sky grow dimmer; and when she raised her eyes the
gathering darkness of the landscape surprised her. The time had come. She
took the guide-book and the map and threw them in.
She heard the disturbed water sidling against the walls of the well. She
scarcely knew what she had done, but she knew that she had done rightly,
whether it was that she had sacrificed to the place, or had cast herself upon
its mercies—content henceforth to know no more of it than did its own
children.
As she reached the village she saw a group of women standing by the
milestone. They were silent and abstracted as usual. When she greeted them
they returned her greeting, but they said nothing among themselves. After
she had gone by they turned as of one accord and began to walk up the field
path towards the wood. They were going to gather fuel, she supposed. To-
night their demeanour did not strike her as odd. She felt at one with them,
an inhabitant like themselves, and she would gladly have gone with them up
towards the wood. If they were different from other people, why shouldn’t
they be? They saw little of the world. Great Mop stood by itself at the head
of the valley, five miles from the main road, and cut off by the hills from the
other villages. It had a name for being different from other places. The man
who had driven Laura home from The Reason Why had said: ‘It’s not often
that a wagonette is seen at Great Mop. It’s an out-of-the-way place, if ever
there was one. There’s not such another village in Buckinghamshire for out-
of-the-way-ness. Well may it be called Great Mop, for there’s never a Little
Mop that I’ve heard of.’
People so secluded as the inhabitants of Great Mop would naturally be
rather silent, and keep themselves close. So Laura thought, and Mr. Saunter
was of the same opinion.
Mr. Saunter’s words had weight, for he spoke seldom. He was a serious,
brown young man, who after the war had refused to go back to his bank in
Birmingham. He lived in a wooden hut which he had put up with his own
hands, and kept a poultry-farm.
Laura first met Mr. Saunter when she was out walking, early one
darkish, wet, January morning. The lane was muddy; she picked her way,
her eyes to the ground. She did not notice Mr. Saunter until she was quite
close to him. He was standing bareheaded in the rain. His look was sad and
gentle, it reflected the mood of the weather, and several dead white hens
dangled from his hands. Laura exclaimed, softly, apologetically. This young
man was so perfectly of a piece with his surroundings that she felt herself to
be an intruder. She was about to turn back when his glance moved slowly
towards her. ‘Badger,’ he said; and smiled in an explanatory fashion. Laura
knew at once that he had been careless and had left the henhouse door
unfastened. She took pains that no shade of blame should mix itself with
her condolences. She did not even blame the badger. She knew that this was
a moment for nothing but kind words, and not too many of them.
Mr. Saunter was grateful. He invited her to come and see his birds. Side
by side they turned in silence through a field gate and walked into Mr.
Saunter’s field. Bright birds were on the sodden grass. As he went by they
hurried into their pens, expecting to be fed. ‘If you would care to come in,’
said Mr. Saunter, ‘I should like to make you a cup of tea.’
Mr. Saunters living-room was very untidy and homelike. A basket of
stockings lay on the table. Laura wondered if she might offer to help Mr.
Saunter with his mending. But after he had made the tea, he took up a
stocking and began to darn it. He darned much better than she did.
As she went home again she fell to wondering what animal Mr. Saunter
resembled. But in the end she decided that he resembled no animal except
man. Till now, Laura had rejected the saying that man is the noblest work of
nature. Half an hour with Mr. Saunter showed her that the saying was true.
So had Adam been the noblest work of nature, when he walked out among
the beasts, sole overseer of the garden, intact, with all his ribs about him,
his equilibrium as yet untroubled by Eve. She had misunderstood the saying
merely because she had not happened to meet a man before. Perhaps, like
other noble works, man is rare. Perhaps there is only one of him at a time:
first Adam; now Mr. Saunter. If that were the case, she was lucky to have
met him. This also was the result of coming to Great Mop.
So much did Mr. Saunter remind Laura of Adam that he made her feel
like Eve—for she was petitioned by an unladylike curiosity. She asked Mrs.
Leak about him. Mrs. Leak could tell her nothing that was not already
known to her, except that young Billy Thomas went up there every day on
his bicycle to lend Mr. Saunter a hand. Laura would not stoop to question
young Billy Thomas. She fought against her curiosity, and the spring came
to her aid.
This new year was changing her whole conception of spring. She had
thought of it as a denial of winter, a green spear that thrust through a
tyrant’s rusty armour. Now she saw it as something filial, gently unlacing
the helm of the old warrior and comforting his rough cheek. In February
came a spell of fine weather. She spent whole days sitting in the woods,
where the wood-pigeons moaned for pleasure on the boughs. Sometimes
two cock birds would tumble together in mid air, shrieking, and buffeting
with their wings, and then would fly back to the quivering boughs and nurse
the air into peace again. All round her the sap was rising up. She laid her
cheek against a tree and shut her eyes to listen. She expected to hear the tree
drumming like a telegraph pole.
It was so warm in the woods that she forgot that she sat there for shelter.
But though the wind blew lightly, it blew from the east. In March the wind
went round to the south-west. It brought rain. The bright, cold fields were
dimmed and warm to walk in now. Like embers the wet beech-leaves
smouldered in the woods.
All one day the wind had risen, and late in the evening it called her out.
She went up to the top of Cubbey Ridge, past the ruined windmill that
clattered with its torn sails. When she had come to the top of the Ridge she
stopped, with difficulty holding herself upright. She felt the wind swoop
down close to the earth. The moon was out hunting overhead, her pack of
black and white hounds ranged over the sky. Moon and wind and clouds
hunted an invisible quarry. The wind routed through the woods. Laura from
the hill-top heard the various surrounding woods cry out with different
voices. The spent gusts left the beech-hangers throbbing like sea caverns
through which the wave had passed, the fir plantation seemed to chant some
never-ending rune.
Listening to these voices, another voice came to her ear—the far-off
pulsation of a goods train labouring up a steep cutting. It was scarcely
audible, more perceptible as feeling than as sound, but by its regularity it
dominated all the other voices. It seemed to come nearer and nearer, to
inform her like the drumming of blood in her ears. She began to feel
defenceless, exposed to the possibility of an overwhelming terror. She
listened intently, trying not to think. Though the noise came from an
ordinary goods train, no amount of reasoning could stave off this terror. She
must yield herself, yield up all her attention, if she would escape. It was a
wicked sound. It expressed something eternally outcast and reprobated by
man, stealthily trafficking by night, unseen in the dark clefts of the hills.
Loud, separate, and abrupt, each pant of the engine trampled down her wits.
The wind and the moon and the ranging cloud pack were not the only
hunters abroad that night: something else was hunting among the hills,
hunting slowly, deliberately, sure of its quarry.
Suddenly she remembered the goods yard at Paddington, and all her
thoughts slid together again like a pack of hounds that have picked up the
scent. They streamed faster and faster; she clenched her hands and prayed
as when a child she had prayed in the hunting-field.
In the goods yard at Paddington she had almost pounced on the clue, the
clue to the secret country of her mind. The country was desolate and half-
lit, and she walked there alone, mistress of it, and mistress, too, of the terror
that roamed over the blank fields and haunted round her. Here was country
just so desolate and half-lit. She was alone, just as in her dreams, and the
terror had come to keep her company, and crouched by her side, half in
fawning, half in readiness to pounce. All this because of a goods train that
laboured up a cutting. What was this cabal of darkness, suborning her own
imagination to plot against her? What were these iron hunters doing near
mournful, ever-weeping Paddington?
‘Now! Now!’ said the moon, and plunged towards her through the
clouds.
Baffled, she stared back at the moon and shook her head. For a moment
it had seemed as though the clue were found, but it had slid through her
hands again. The train had reached the top of the cutting, with a shriek of
delight it began to pour itself downhill. She smiled. It amused her to
suppose it loaded with cabbages. Arrived at Paddington, the cabbages
would be diverted to Covent Garden. But inevitably, and with all the
augustness of due course, they would reach their bourne at Apsley Terrace.
They would shed all their midnight devilry in the pot, and be served up to
Henry and Caroline very pure and vegetable.
‘Lovely! lovely!’ she said, and began to descend the hill, for the night
was cold. Though her secret had eluded her again, she did not mind. She
knew that this time she had come nearer to catching it than ever before. If it
were attainable she would run it to earth here, sooner or later. Great Mop
was the likeliest place to find it.
The village was in darkness; it had gone to bed early, as good villages
should. Only Miss Carloe’s window was alight. Kind Miss Carloe, she
would sit up till all hours tempting her hedgehog with bread-and-milk.
Hedgehogs are nocturnal animals; they go out for walks at night, grunting,
and shoving out their black snouts. ‘Thrice the brindled cat hath mewed;
Thrice, and once the hedgepig whined. Harper cries, “ ’Tis time, ’tis
time.” ’ She found the key under the half-brick, and let herself in very
quietly. Only sleep sat up for her, waiting in the hushed house. Sleep took
her by the hand, and convoyed her up the narrow stairs. She fell asleep
almost as her head touched the pillow.
By the next day all this seemed very ordinary. She had gone out on a
windy night and heard a goods train. There was nothing remarkable in that.
It would have been a considerable adventure in London, but it was nothing
in the Chilterns. Yet she retained an odd feeling of respect for what had
happened, as though it had laid some command upon her that waited to be
interpreted and obeyed. She thought it over, and tried to make sense of it. If
it pointed to anything, it pointed to Paddington. She did what she could; she
wrote and invited Caroline to spend a day at Great Mop. She did not
suppose that this was the right interpretation, but she could think of no
other.
All the birds were singing as Laura went down the lane to meet
Caroline’s car. It was almost like summer, nothing could be more fortunate.
Caroline was dressed in sensible tweeds. ‘It was raining when I left
London,’ she said, and glanced severely at Laura’s cotton gown.
‘Was it?’ said Laura. ‘It hasn’t rained here.’ She stopped. She looked
carefully at the blue sky. There was not a cloud to be seen. ‘Perhaps it will
rain later on,’ she added. Caroline also looked at the sky, and said:
‘Probably.’
Conversation was a little difficult, for Laura did not know how much she
was still in disgrace. She asked after everybody in a rather guilty voice, and
heard how emphatically they all throve, and what a pleasant, cheerful
winter they had all spent. After that came the distance from Wickendon and
the hour of departure. In planning the conduct of the day, Laura had decided
to keep the church for after lunch. Before lunch she would show Caroline
the view. She had vaguely allotted an hour and a half to the view, but it took
scarcely twenty minutes. At least, that was the time it took walking up to
the windmill and down again. The view had taken no time at all. It was a
very clear day, and everything that could be seen was perceptible at the first
glance.
Caroline was so stoutly equipped for country walking that Laura had not
the heart to drag her up another hill. They visited the church instead. The
church was more successful. Caroline sank on her knees and prayed. This
gave Laura an opportunity to look round, for she had not been inside the
church before. It was extremely narrow, and had windows upon the south
side only, so that it looked like a holy corridor. Caroline prayed for some
time, and Laura made the most of it. Presently she was able to lead Caroline
down the corridor, murmuring: ‘That window was presented in 1901. There
is rather a nice brass in this corner. That bit of carving is old, it is the Wise
and the Foolish Virgins. Take care of the step.’
One foolish Virgin pleased Laura as being particularly lifelike. She stood
a little apart from the group, holding a flask close to her ear, and shaking it.
During lunch Laura felt that her stock of oil, too, was running very low. But
it was providentially renewed, for soon after lunch a perfect stranger fell off
a bicycle just outside Mrs. Leak’s door and sprained her ankle. Laura and
Caroline leapt up to succour her, and then there was a great deal of cold
compress and hot tea and animation. The perfect stranger was a Secretary to
a Guild. She asked Caroline if she did not think Great Mop a delightful
nook, and Caroline cordially agreed. They went on discovering Committees
in common till tea-time, and soon after went off together in Caroline’s car.
Just as Caroline stepped into the car she asked Laura if she had met any
nice people in the neighbourhood.
‘No. There aren’t any nice people,’ said Laura. Wondering if the bicycle
would stay like that, twined so casually round the driver’s neck, she had
released her attention one minute too soon.
As far as she knew this was her only slip throughout the day. It was a
pity. But Caroline would soon forget it; she might not even have heard it,
for the Secretary was talking loudly about Homes of Rest at the same
moment. Still, it was a pity. She might have remembered Mr. Saunter,
though perhaps she could not have explained him satisfactorily in the time.
She turned and walked slowly through the fields towards the poultry-
farm. She could not settle down to complete solitude so soon after
Caroline’s departure. She would decline gradually, using Mr. Saunter as an
intermediate step. He was feeding his poultry, going from pen to pen with a
zinc wheelbarrow and a large wooden spoon. The birds flew round him; he
had continually to stop and fend them off like a swarm of large midges.
Sometimes he would grasp a specially bothering bird and throw it back into
the pen as though it were a ball. She leant on the gate and watched him.
This young man who had been a bank-clerk and a soldier walked with the
easy, slow strides of a born countryman; he seemed to possess the earth
with each step. No doubt but he was like Adam. And she, watching him
from above—for the field sloped down from the gate to the pens—was like
God. Did God, after casting out the rebel angels and before settling down to
the peace of a heaven unpeopled of contradiction, use Adam as an
intermediate step?
On his way back to the hut Mr. Saunter noticed Laura. He came up and
leant on his side of the gate. Though the sun had gone down, the air was
still warm, and a disembodied daylight seemed to weigh upon the landscape
like a weight of sleep. The birds which had sung all day now sang louder
then ever.
‘Hasn’t it been a glorious day?’ said Mr. Saunter.
‘I have had my sister-in-law down,’ Laura answered. ‘She lives in
London.’
‘My people,’ said Mr. Saunter, ‘all live in the Midlands.’
‘Or in Australia,’ he added after a pause.
Mr. Saunter, seen from above, walking among his flocks and herds—for
even hens seemed ennobled into something Biblical by their relation to him
—was an impressive figure. Mr. Saunter leaning on the gate was a pleasant,
unaffected young man enough, but no more. Quitting him, Laura soon
forgot him as completely as she had forgotten Caroline. Caroline was a
tedious bluebottle; Mr. Saunter a gentle, furry brown moth; but she could
brush off one as easily as the other.
Laura even forgot that she had invited the moth to settle again; to come
to tea. It was only by chance that she had stayed indoors that afternoon,
making currant scones. To amuse herself she had cut the dough into
likenesses of the village people. Curious developments took place in the
baking. Miss Carloe’s hedgehog had swelled until it was almost as large as
its mistress. The dough had run into it, leaving a great hole in Miss Carloe’s
side. Mr. Jones had a lump on his back, as though he were carrying the
Black Dog in a bag; and a fancy portrait of Miss Larpent in her elegant
youth and a tight-fitting sweeping amazon had warped and twisted until it
was more like a gnarled thorn tree than a woman.
Laura felt slightly ashamed of her freak. It was unkind to play these
tricks with her neighbours’ bodies. But Mr. Saunter ate the strange shapes
without comment, quietly splitting open the villagers and buttering them.
He told her that he would soon lose the services of young Billy Thomas,
who was going to Lazzard Court as a footman.
‘I shouldn’t think young Billy Thomas would make much of a footman,’
said Laura.
‘I don’t know,’ he answered consideringly. ‘He’s very good at standing
still.’
Laura had brought her sensitive conscience into the country with her,
just as she had brought her umbrella, though so far she had not remembered
to use either. Now the conscience gave signs of life. Mr. Saunter was so
nice, and had eaten up those derisive scones, innocently under the
impression that they had been prepared for him; he had come with his gift
of eggs, all kindness and forethought while she had forgotten his existence;
and now he was getting up to go, thanking her and afraid that he had stayed
too long. She had acted unworthily by this young man, so dignified and
unassuming; she must do something to repair the slight she had put upon
him in her own mind. She offered herself as a substitute for young Billy
Thomas until Mr. Saunter could find some one else.
‘I don’t know anything about hens,’ she admitted. ‘But I am fond of
animals, and I am very obedient.’
It was agreed that she might go on the following day to help him with
the trap-nesting, and see how she liked it.
At first Mr. Saunter would not allow her to do more than walk round
with him upon planks specially put down to save her from the muddy
places, pencil the eggs, and drink tea afterwards. But she came so
punctually and showed such eagerness that as time went on she persuaded
him into allowing her a considerable share in the work.
There was much to do, for it was a busy time of year. The incubators had
fulfilled their time; Laura learnt how to lift out the newly-hatched chicks,
damp, almost lifeless from their birth-throes, and pack them into baskets. A
few hours after the chicks were plump and fluffy. They looked like bunches
of primroses in the moss-lined baskets.
Besides mothering his chicks Mr. Saunter was busy with a great re-
housing of the older birds. This was carried out after sundown, for the birds
were sleepy then, and easier to deal with. If moved by day they soon
revolted, and went back to their old pens. Even as it was there were always
a few sticklers, roosting uncomfortably among the newcomers, or standing
disconsolately before their old homes, closed against them.
Laura liked this evening round best of all. The April twilights were
marvellously young and still. A slender moon soared in the green sky; the
thick spring grass was heavy with dew, and the earth darkened about her
feet while overhead it still seemed quite light. Mr. Saunter would disappear
into the henhouse, a protesting squawking and scuffling would be heard;
then he would emerge with hens under either arm. He showed Laura how to
carry them, two at a time, their breasts in her hands, their wings held fast
between her arm and her side. She would tickle the warm breasts, warm and
surprisingly bony with quills under the soft plumage, and make soothing
noises.
At first she felt nervous with the strange burden, so meek and inanimate
one moment, so shrewish the next, struggling and beating with strong freed
wings. However many birds Mr. Saunter might be carrying, he was always
able to relieve her of hers. Immediately the termagant would subside, tamed
by the large sure grasp, meek as a dove, with rigid dangling legs, and head
turning sadly from side to side.
Laura never became as clever with the birds as Mr. Saunter. But when
she had overcome her nervousness she managed them well enough to give
herself a great deal of pleasure. They nestled against her, held fast in the
crook of her arm, while her fingers probed among the soft feathers and rigid
quills of their breasts. She liked to feel their acquiescence, their dependence
upon her. She felt wise and potent. She remembered the henwife in the
fairy-tales, she understood now why kings and queens resorted to the
henwife in their difficulties. The henwife held their destinies in the crook of
her arm, and hatched the future in her apron. She was sister to the spaewife,
and close cousin to the witch, but she practised her art under cover of
henwifery; she was not, like her sister and her cousin, a professional. She
lived unassumingly at the bottom of the king’s garden, wearing a large
white apron and very possibly her husband’s cloth cap; and when she saw
the king and queen coming down the gravel path she curtseyed
reverentially, and pretended it was the eggs they had come about. She was
easier of approach than the spaewife, who sat on a creepie and stared at the
smouldering peats till her eyes were red and unseeing; or the witch, who
lived alone in the wood, her cottage window all grown over with brambles.
But though she kept up this pretence of homeliness she was not inferior in
skill to the professionals. Even the pretence of homeliness was not quite so
homely as it might seem. Laura knew that the Russian witches live in small
huts mounted upon three giant hen’s legs, all yellow and scaly. The legs can
go; when the witch desires to move her dwelling the legs stalk through the
forest, clattering against the trees, and printing long scars upon the snow.
Following Mr. Saunter up and down between the pens, Laura almost
forgot where and who she was, so completely had she merged her
personality into the henwife’s. She walked back along the rutted track and
down the steep lane as obliviously as though she were flitting home on a
broomstick. All through April she helped Mr. Saunter. They were both sorry
when a new boy applied for the job and her duties came to an end. She
knew no more of Mr. Saunter at the close of this association than she had
known at its beginning. It could scarcely be said even that she liked him any
better, for from their first meeting she had liked him extremely. Time had
assured the liking, and that was all. So well assured was it, that she felt
perfectly free to wander away and forget him once more, certain of finding
him as likeable and well liked as before whenever she might choose to
return.
During her first months at Great Mop the moods of the winter landscape
and the renewing of spring had taken such hold of her imagination that she
thought no season could be more various and lovely. She had even written a
slightly precious letter to Titus—for somehow correspondence with Titus
was always rather attentive—declaring her belief that the cult of the
summer months was a piece of cockney obtuseness, a taste for sweet things,
and a preference for dry grass to strew their egg-shells upon. But with the
first summer days and the first cowslips she learnt better. She had known
that there would be cowslips in May; from the day she first thought of Great
Mop she had promised them to herself. She had meant to find them early
and watch the yellow blossoms unfolding upon the milky green stems. But
they were beforehand with her, or she had watched the wrong fields. When
she walked into the meadow it was bloomed over with cowslips, powdering
the grass in variable plenty, here scattered, there clustered, innumerable as
the stars in the Milky Way.
She knelt down among them and laid her face close to their fragrance.
The weight of all her unhappy years seemed for a moment to weigh her
bosom down to the earth; she trembled, understanding for the first time how
miserable she had been; and in another moment she was released. It was all
gone, it could never be again, and never had been. Tears of thankfulness ran
down her face. With every breath she drew, the scent of the cowslips flowed
in and absolved her.
She was changed, and knew it. She was humbler, and more simple. She
ceased to triumph mentally over her tyrants, and rallied herself no longer
with the consciousness that she had outraged them by coming to live at
Great Mop. The amusement she had drawn from their disapproval was a
slavish remnant, a derisive dance on the north bank of the Ohio. There was
no question of forgiving them. She had not, in any case, a forgiving nature;
and the injury they had done her was not done by them. If she were to start
forgiving she must needs forgive Society, the Law, the Church, the History
of Europe, the Old Testament, great-great-aunt Salome and her prayer-book,
the Bank of England, Prostitution, the Architect of Apsley Terrace, and half
a dozen other useful props of civilisation. All she could do was to go on
forgetting them. But now she was able to forget them without flouting them
by her forgetfulness.
Throughout May and June and the first fortnight of July she lived in
perfect idleness and contentment, growing every day more freckled and
more rooted in peace. On July 17th she was disturbed by a breath from the
world. Titus came down to see her. It was odd to be called Aunt Lolly
again. Titus did not use the term often; he addressed his friends of both
sexes and his relations of all ages as My Dear; but Aunt Lolly slipped out
now and again.
There was no need to show Titus the inside of the church. There was no
need even to take him up to the windmill and show him the view. He did all
that for himself, and got it over before breakfast—for Titus breakfasted for
three mornings at Great Mop. He had come for the day only, but he was too
pleased to go back. He was his own master now, he had rooms in
Bloomsbury and did not need even to send off a telegram. Mrs. Garland
who let lodgings in the summer was able to oblige him with a bedroom, full
of pincushions and earwigs and marine photographs; and Mrs. Trumpet
gave him all the benefit of all the experience he invoked in the choice of a
tooth-brush. For three days he sat about with Laura, and talked of his
intention to begin brewing immediately. He had refused to visit Italy with
his mother—he had rejected several flattering invitations from editors—
because brewing appealed to him more than anything else in the world.
This, he said, was the last night out before the wedding. On his return to
Bloomsbury he intended to let his rooms to an amiable Mahometan, and to
apprentice himself to his family brewery until he had learnt the family
trade.
Laura gave him many messages to Lady Place. It was clear before her in
an early morning light. She could exactly recall the smell of the shrubbery,
her mother flowing across the croquet lawn, her father’s voice as he called
up the dogs. She could see herself, too: her old self, for her present self had
no part in the place. She did not suppose she would ever return there,
although she was glad that Titus was faithful.
Titus departed. He wrote her a letter from Bloomsbury, saying that he
had struck a good bargain with the Mahometan, and was off to Somerset.
Ten days later she heard from Sibyl that he was coming to live at Great
Mop. She had scarcely time to assemble her feelings about this before he
was arrived.
Part 3
I T was the third week in August. The weather was sultry; day after day
Laura heard the village people telling each other that there was thunder in
the air. Every evening they stood in the village street, looking upwards,
and the cattle stood waiting in the fields. But the storm delayed. It hid
behind the hills, biding its time.
Laura had spent the afternoon in a field, a field of unusual form, for it
was triangular. On two sides it was enclosed by woodland, and because of
this it was already darkening into a premature twilight, as though it were a
room. She had been there for hours. Though it was sultry, she could not sit
still. She walked up and down, turning savagely when she came to the edge
of the field. Her limbs were tired, and she stumbled over the flints and
matted couch grass. Throughout the long afternoon a stock dove had cooed
in the wood. ‘Cool, cool, cool,’ it said, delighting in its green bower. Now it
had ceased, and there was no life in the woods. The sky was covered with a
thick uniform haze. No ray of the declining sun broke through it, but the
whole heavens were beginning to take on a dull, brassy pallor. The long
afternoon was ebbing away, stealthily, impassively, as though it were dying
under an anaesthetic.
Laura had not listened to the stock dove; she had not seen the haze
thickening overhead. She walked up and down in despair and rebellion. She
walked slowly, for she felt the weight of her chains. Once more they had
been fastened upon her. She had worn them for many years, acquiescently,
scarcely feeling their weight. Now she felt it. And, with their weight, she
felt their familiarity, and the familiarity was worst of all. Titus had seen her
starting out. He had cried; ‘Where are you off to, Aunt Lolly? Wait a
minute, and I’ll come too.’ She had feigned not to hear him and had walked
on. She had not turned her head until she was out of the village, she
expected at every moment to hear him come bounding up behind her. Had
he done so, she thought she would have turned round and snarled at him.
For she wanted, oh! how much she wanted, to be left alone for once. Even
when she felt pretty sure that she had escaped she could not profit by her
solitude, for Titus’s voice still jangled on her nerves. ‘Where are you off to,
Aunt Lolly? Wait a minute, and I’ll come too.’ She heard his very tones,

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Dalhuisen on Transnational

Comparative Commercial Financial and

The Transnationalisation of Commercial and Financial Law and

OXFORD AND PORTLAND, OREGON

Hart Publishing Ltd Bloomsbury Publishing Plc

Published in North America (US and Canada) by

HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the

First published 2016

British Library Cataloguing-in-Publication Data

ISBN: HB: 978-1-50990-700-7

Library of Congress Cataloging-in-Publication Data

Names: Dalhuisen, J. H. (Jan Hendrik), author.

Other titles: Transnational comparative, commercial, financial, and trade law

LC record available at http://lccn.loc.gov/2016010061

Typeset by Compuscript Ltd, Shannon

Chapter 1: The Transnationalisation of Commercial and Financial Law.

1.2 The Origin of Civil Law. Its Traditional Approach to Law

1.3.5 Post-realism or Legal Functionalism in the US:

1.4.19 Agents of International Convergence and Harmonisation:

2.2.2 Developments in the US 313

3.2.4 Fundamental Principle and Implementing

Chapter 2: The Transnationalisation of Commercial, Financial

1.1.12 Legitimacy, Transparency and Accountability.

1.3.9 Other Early Incidents: Preliminary Issues and Protections 467

2.4.1 The Reasoning of International Financial Arbitrators

3.2 The Basic Foreign Investment Protections. Direct Investors’

Part IV The Reasoning of International Arbitrators

Case 102/81 Nordsee Deutsche Hochseefisherei GmbH v Reederei

Case C-282/10 Maribel Dominguez v Centre Informatique���������������������������������������������������������� 195

Asia Corporation and others v Republic of Indonesia Arb/81/1

LESI SpA et ASTALDI Spa v People’s Democratic Republic of Algeria,

Sempra Energy International [2005] Case ARB/02/16 (ICSID)�������������������������������������������� 573, 589

Marbury v Madison 5 US (1 Cranch) 137 (1803)������������������������������������������������������������������� 149, 154

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1.2 The Origin of Civil Law. Its Traditional Approach to Law

1.3.5 Post-realism or Legal Functionalism in the US:

1.4.19 Agents of International Convergence and Harmonisation:

2.2.2 Developments in the US 313

3.2.4 Fundamental Principle and Implementing

1.1.12 Legitimacy, Transparency and Accountability.

1.3.9 Other Early Incidents: Preliminary Issues and Protections 467

2.4.1 The Reasoning of International Financial Arbitrators

3.2 The Basic Foreign Investment Protections. Direct Investors’

Case C-282/10 Maribel Dominguez v Centre Informatique�� 195

Sempra Energy International [2005] Case ARB/02/16 (ICSID)�� 573, 589

Marbury v Madison 5 US (1 Cranch) 137 (1803)�� 149, 154