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A contract concerning the processing of goods can constitute an investment
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Materiae – Definition of Investment > The Concept of "Investment" > Contracts
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Jurisdiction Ratione Materiae > Investment > Contracts as Investments
In case a settlement agreement does not create rights, it does not constitute an investment in and of itself
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Materiae – Definition of Investment > The Concept of "Investment" > Contracts
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Jurisdiction Ratione Materiae > Investment > Contracts as Investments
An arbitral award concerning contractual rights and obligations does not constitute an investment
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Materiae – Definition of Investment > The Concept of "Investment" > Arbitral Awards and Right to Arbitration
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Jurisdiction Ratione Materiae > Investment > Contracts as Investments
A claimant must have held an interest in the investment before the alleged treaty violations were committed
A misrepresentation is not attributable to a state if it was made by a representative of a separate legal entity acting in a commercial capacity, even if that entity is under complete control of the state
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of State Responsibility > Attribution of Acts > Attribution of Acts by State Entities
- International Investment Treaties (IITs) > Protection of Investors under IITs > Expropriation and Standards of Protection > Full Protection and Security > Further Problems
Refusal to enforce an arbitral award does not amount to denial of justice if the claimant's arguments were heard and there is nothing clearly improper or discreditable with respect to the decision
To establish a legitimate expectation of payment, there must be an unconditional promise by the state
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")
- Investment Treaty Arbitration > Costs > General Remarks
- ICSID Convention > Costs of Proceedings (Articles 59-61) > Article 61
It is not required that the claimant owns or controls the investment at the time of registration of the request for arbitration
- Investment Treaty Arbitration > Correct Claimant
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Further Problems
International Law Rules Applicable to IITs
Law of State Responsibility
Attribution of Acts
Attribution of Acts by State Entities
A misrepresentation is not attributable to a state if it was made by a representative of a separate legal entity acting in a commercial capacity, even if that entity is under complete control of the state
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Arbitral Awards and Right to Arbitration
An arbitral award concerning contractual rights and obligations does not constitute an investment
Contracts
A contract concerning the processing of goods can constitute an investment
In case a settlement agreement does not create rights, it does not constitute an investment in and of itself
Expropriation and Standards of Protection
Fair and Equitable Treatment
Case Groups
Denial of Justice
Refusal to enforce an arbitral award does not amount to denial of justice if the claimant's arguments were heard and there is nothing clearly improper or discreditable with respect to the decision
Legitimate Expectations
To establish a legitimate expectation of payment, there must be an unconditional promise by the state
Full Protection and Security
Further Problems
A misrepresentation is not attributable to a state if it was made by a representative of a separate legal entity acting in a commercial capacity, even if that entity is under complete control of the state
Correct Claimant
It is not required that the claimant owns or controls the investment at the time of registration of the request for arbitration
Costs
General Remarks
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
Contracts as Investments
A contract concerning the processing of goods can constitute an investment
In case a settlement agreement does not create rights, it does not constitute an investment in and of itself
An arbitral award concerning contractual rights and obligations does not constitute an investment
Jurisdiction Ratione Temporis
A claimant must have held an interest in the investment before the alleged treaty violations were committed
Further Problems
It is not required that the claimant owns or controls the investment at the time of registration of the request for arbitration
Costs of Proceedings (Articles 59-61)
Article 61
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")