paragraph 386 in volume 3, chapter 27, The Decision
The meaning of the phrase ‘in respect of that particular case’ (words that do not appear in either of The Hague Conventions of 1899 or 1907) was considered by the Arbitral Tribunal between France and Greece in the final phase of the Lighthouses dispute in 1956. That case had twice been before the Permanent Court.1 The Arbitral Tribunal, recognizing that there was identity of parties with the previous litigation, examined whether the lis that was decided in 1937 was distinct from that which came before it in…