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H&H Enterprises Investments v. Egypt

Type of decisionDecision on Respondent's Objections to Jurisdiction
Date of decision5 June 2012
Tribunal
Bernardo M. Cremades (President)
Hamid G. Gharavi
Veijo Heiskanen
Legal instrumentBIT between Egypt and USA (1986)
Further informationFull text of the decision

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Contracts
A tribunal must look at the contractual agreements as a whole and not just at certain aspects, such as specific clauses; whether there is an investment is a matter of substance, not form
Further Problems
The existence of a prescription rule has to be proven by the party asserting its existence
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
Contracts as Investments
A tribunal must look at the contractual agreements as a whole and not just at certain aspects, such as specific clauses; whether there is an investment is a matter of substance, not form
Jurisdiction Ratione Personae
Juridical Persons
Further Problems
If according to domestic law a juridical person cannot exercise rights as long as it is suspended due to failure to pay taxes, a tribunal has to examine whether the law purports to apply extraterritorially

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