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Lanco v. Argentina

Type of decisionPreliminary decision
Date of decision8 December 1998
Tribunal
Bernardo M. Cremades (President)
Guillermo Aguilar Alvarez
Luiz Olavo Baptista
Legal instrumentBIT between Argentina and USA (1991)
Further information

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"
Shares
Minority shareholdings can constitute investments
Dispute Settlement Clauses
Fork in the Road Clauses
Relevance of a provision which provides that the investor may choose to submit the dispute to a previously agreed settlement procedure
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Consent
Consent Based on an IIT
Consent can be based on the IIT
Jurisdiction Ratione Materiae
Investment
The Parties’ Consent and “Investment” / Two-Part Test of Investment
Under Article 25 ICSID Convention, the investment definition in the IIT which sets the bounds of the tribunal is decisive
Jurisdiction Ratione Personae
Juridical Persons
Further Problems
Nationality of a juridical person can be based on the principal place of business
Article 26
The relevance of a dispute settlement procedure provided for in a concession agreement

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