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Brandes v. Venezuela

Type of decisionAward
Date of decision2 August 2011
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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Decisions of other tribunals are not sources of law and are not legally binding upon another tribunal
The basis for arbitration is consent
The ICSID Convention has to be interpreted in accordance with the VCLT
The basis for arbitration is consent
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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