You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Temporis – Application in Time
- Vienna Convention on the Law of Treaties > Article 28 - Non-retroactivity of treaties
- North American Free Trade Agreement > Chapter Eleven – Section A – Investment > Article 1101 – Scope and Coverage > Ratione temporis – Application in Time
Relationship between nationality and residence in general international law; citizenship rather than residence or any other geographic affiliation is the main connecting factor between a state and an individual
- North American Free Trade Agreement > Chapter Eleven – Section A – Investment > Article 1101 – Scope and Coverage > Ratione personae – Protected Investors > Individuals
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Personae – Protected Investors > Natural Persons > Protection Based on Permanent Place of Residence
The question of effective nationality is only relevant when the claimant possess a double citizenship
- North American Free Trade Agreement > Chapter Eleven – Section A – Investment > Article 1101 – Scope and Coverage > Ratione personae – Protected Investors > Individuals
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Personae – Protected Investors > Natural Persons > Dual Nationality
The running of the limitation period of Article 1117 NAFTA is tolled by the notice of arbitration, not the by notice of intent to submit a claim to arbitration
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising because of an alleged violation of general international law or domestic law
Article 201 NAFTA does not make permanent residence tantamount to nationality for all purposes
- North American Free Trade Agreement > Article 201 – Definitions of general application
- North American Free Trade Agreement > Chapter Eleven – Section A – Investment > Article 1101 – Scope and Coverage > Ratione personae – Protected Investors > Individuals
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising out of an alleged violation of general international law or domestic law
Article 3 (1) (d) of the Arbitration Rules only requires the identification of the issues in dispute; it does not require the enumeration of the provisions allegedly violated
Protection of Investors under IITs
Applicability of IITs
Ratione Personae – Protected Investors
Natural Persons
Dual Nationality
The question of effective nationality is only relevant when the claimant possess a double citizenship
Protection Based on Permanent Place of Residence
Relationship between nationality and residence in general international law; citizenship rather than residence or any other geographic affiliation is the main connecting factor between a state and an individual
Ratione Temporis – Application in Time
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
Dispute Settlement Clauses
Wide Dispute Settlement Clauses
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising out of an alleged violation of general international law or domestic law
Article 28 - Non-retroactivity of treaties
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
Article 201 – Definitions of general application
Article 201 NAFTA does not make permanent residence tantamount to nationality for all purposes
Chapter Eleven – Section A – Investment
Article 1101 – Scope and Coverage
Ratione personae – Protected Investors
Individuals
Relationship between nationality and residence in general international law; citizenship rather than residence or any other geographic affiliation is the main connecting factor between a state and an individual
The question of effective nationality is only relevant when the claimant possess a double citizenship
Article 201 NAFTA does not make permanent residence tantamount to nationality for all purposes
Ratione temporis – Application in Time
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1117 – Claim by an Investor of a Party on Behalf of an Enterprise
The running of the limitation period of Article 1117 NAFTA is tolled by the notice of arbitration, not the by notice of intent to submit a claim to arbitration
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising because of an alleged violation of general international law or domestic law
Article 3
Article 3 (1) (d) of the Arbitration Rules only requires the identification of the issues in dispute; it does not require the enumeration of the provisions allegedly violated