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Brandes v. Venezuela

Type of decisionAward
Date of decision2 August 2011
Tribunal
Rodrigo Oreamuno (President)
Brigitte Stern
Karl-Heinz Böckstiegel
Legal instrumentNational Law on the Promotion and Protection of Investments
Related decision(s)Decision on the respondent's objection under rule 41(5) of the ICSID Arbitration Rules, 2 February 2009
Further information

Statements from this decision

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International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
System of Precedents
Decisions of other tribunals are not sources of law and are not legally binding upon another tribunal
Investment Treaty Arbitration
Jurisdiction
Consent by the Parties
The basis for arbitration is consent
Vienna Convention on the Law of Treaties
Article 31 - General rule of interpretation
General Remarks
The ICSID Convention has to be interpreted in accordance with the VCLT
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Consent
General Remarks
The basis for arbitration is consent
Consent Based on National Legislation
Interpretations of national legislation by national courts are not binding on a tribunal when examining whether that legislation entails consent to arbitration
A state's interpretation of its unilateral consent to jurisdiction is not binding on the tribunal; the tribunal is always judge of its own competence
If a national law has effect on the international plane, e.g. a state's unilateral offer to arbitration, that law has to be interpreted according to the rules of interpretation of international law, not the state's national rules of interpretation

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