Adjudication and Settlement in the Ara Libertad Dispute

Abstract

In November 2013, an ad hoc arbitral tribunal constituted pursuant to the UN Convention on the Law of the Sea (UNCLOS) ordered the termination of proceedings arising from the seizure of the ARA Libertad, following an agreement between the Argentine Republic and the Republic of Ghana. The case offers an interesting study in multiforum inter-State dispute settlement, involving a suit brought by a private party before the courts of a third-party State, an enforcement action in the courts of the respondent State, and a request for provisional measures from a standing international body. The Author will recount aspects of this saga within the context of other multiforum disputes involving UNCLOS, and explore the role of negotiated settlement and judicial decisions in achieving the relief sought by claimants to UNCLOS proceedings. In this manner, the ARA Libertad case provides an opportunity to reflect on the integration and efficacy of the Convention’s dispute settlement modes.

Keywords: Argentina, Ghana, UNCLOS, Libertad