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Mihaly v. Sri Lanka

Type of decisionAward
Date of decision15 March 2002
Tribunal
Sompong Sucharitkul (President)
Andrew Rogers
David Suratgar
Legal instrumentBIT between Sri Lanka and USA (1991)
Further information

Statements from this decision

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According to the rules of Articles 34, 35 and 36 of the VCLT the rule “pacta tertiis nec nocent nec prosunt” provides that treaties neither harm nor benefit non-Parties
According to the rules of Articles 34, 35 and 36 of the VCLT the rule “pacta tertiis nec nocent nec prosunt” provides that treaties neither harm nor benefit non-Parties
Prerequisites of ICSID competence have to be addressed by a tribunal
In interpreting “investment”, the current and past practice of ICSID and the practice of States as evidenced in multilateral and bilateral treaties and agreements is relevant
Whether pre-investment expenditure can be regarded as an investment depends upon the determination of the parties of at what point in their negotiations they wished to engage the provisions of the Convention by entering into an investment
A person who has a claim which is procedurally defective under the ICSID Convention cannot transfer this title to another person which would have standing without the consent of the host state involved.

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