Magnifier Search

Link-Trading v. Moldova

Type of decisionFinal Award
Date of decision18 April 2002
Tribunal
Jeffrey M. Hertzfeld (President)
Ion V. Buruiana
Ivan S. Zykin
Legal instrumentBIT between Moldova and USA (1993)
Related decision(s)Award on Jurisdiction, 16 February 2001
Further information

Statements from this decision

You are currently viewing the statements in their context. To view them in a list, click here.
International Investment Treaties (IITs)
Protection of Investors under IITs
Expropriation and Standards of Protection
Expropriation
Indirect Expropriation / Regulations
Determining Whether a Regulation Constitutes an Indirect Expropriation
Fiscal measures constitute an expropriation only when they are abusive or there has been a violation of an obligation undertaken by the state regarding the investment
Further Problems
When asserting an indirect expropriation, claimant has to demonstrate a causal link between the state measure and the deprivation of the investment
Investment Treaty Arbitration
Admissibility
Further Problems
Prescription periods of local law do not apply to treaty based arbitration
Correct Claimant
The relevant date to determine the standing of the claimant is the date on which the state measure took place

Feedback

Above you will find 4 statement(s) from this decision. Please note that when viewing the statements in their context, the same statement may appear multiple times if it is relevant for more than one topic. Did we miss something? Feel free to send us your suggestions!