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The exercise of the discretion of Article 21(4) UNCITRAL is not confined to economic factors
Article 21(1) UNCITRAL does not confer the power to dismiss a claim on the grounds of inadmissibility on a tribunal
A tribunal may allow the claimant to amend its statement of claim on the condition that the claimant ultimately bears, regardless of the result of the arbitration, the additional costs caused by the amendment
General remarks regarding the underlying principles of Article 31(1) VCLT
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Interpretation Rules of the Vienna Convention on the Law of Treaties (VCLT) as Reflecting Customary International Law
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > General Remarks
The principle of interpreting treaties in deference to the sovereignty of states does not apply
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Special Rules of Interpretation
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > Further Problems > Special Rules of Interpretation
To establish jurisdiction, a tribunal need only interpret Article 1101(1) NAFTA and decide whether Chapter 11 applies on the facts alleged by the claimant; the tribunal need not interpret other substantive provisions at the jurisdictional stage
Article 1116 NAFTA does not require a claimant to prove, that the alleged breach is the proximate cause of the alleged loss
General remarks regarding the scheme of Chapter 11
A measure relates to an investment if there is a legally significant connection between them; the mere effect of a measure on an investor or an investment is not sufficient
Decisions of other tribunals are not sources of law and are not legally binding upon another tribunal
Article 21(1) UNCITRAL does not confer the tribunal the power to dismiss a claim on the grounds of inadmissibility
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
System of Precedents
Decisions of other tribunals are not sources of law and are not legally binding upon another tribunal
Law of Treaties
Rules of Interpretation
Interpretation Rules of the Vienna Convention on the Law of Treaties (VCLT) as Reflecting Customary International Law
General remarks regarding the underlying principles of Article 31(1) VCLT
Special Rules of Interpretation
The principle of interpreting treaties in deference to the sovereignty of states does not apply
Distinction Between Jurisdiction and Admissibility
Article 21(1) UNCITRAL does not confer the tribunal the power to dismiss a claim on the grounds of inadmissibility
Article 31 - General rule of interpretation
General Remarks
General remarks regarding the underlying principles of Article 31(1) VCLT
Further Problems
Special Rules of Interpretation
The principle of interpreting treaties in deference to the sovereignty of states does not apply
Chapter Eleven – Section A – Investment
General Remarks
General remarks regarding the scheme of Chapter 11
Article 1101 – Scope and Coverage
“Measures” Within the Meaning of Article 1101 NAFTA
A measure relates to an investment if there is a legally significant connection between them; the mere effect of a measure on an investor or an investment is not sufficient
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1116 – Claim by an Investor of a Party on Its Own Behalf
Loss or Damage Incurred by the Investor
Article 1116 NAFTA does not require a claimant to prove, that the alleged breach is the proximate cause of the alleged loss
Article 1122 – Consent to Arbitration
To establish jurisdiction, a tribunal need only interpret Article 1101(1) NAFTA and decide whether Chapter 11 applies on the facts alleged by the claimant; the tribunal need not interpret other substantive provisions at the jurisdictional stage
Article 20
A tribunal may allow the claimant to amend its statement of claim on the condition that the claimant ultimately bears, regardless of the result of the arbitration, the additional costs caused by the amendment
Article 21
The exercise of the discretion of Article 21(4) UNCITRAL is not confined to economic factors
Article 21(1) UNCITRAL does not confer the power to dismiss a claim on the grounds of inadmissibility on a tribunal