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Railroad Development Corporation v. Guatemala

Type of decisionAward
Date of decision29 June 2012
Tribunal
Andrés Rigo Sureda (President)
James R. Crawford
Samuel K.B. Asante
Legal instrumentDominican Republic – Central America Free Trade Agreement
Related decision(s)
Further informationFull text of the decision

Statements from this decision

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International Minimum Standard / The Law of Aliens
Customary international law does not require a state measure to be “egregious” in order to constitute an international delinquency
Applying strict standards of proof of customary international law, the Neer standard could not be proven to be an expression of customary international law
International Investment Treaties (IITs)
Protection of Investors under IITs
Expropriation and Standards of Protection
Expropriation
General Requirements of an Expropriatory Act
Degree of Interference
An expropriation requires a certain degree of interference with the investment; a substantial deprivation of the investor is necessary
Relationship of Standards of Protection Within a Single IIT
If the tribunal found that respondent did not accord fair and equitable treatment to an investment, it does not need to examine whether there has also been a breach of the full protection and security standard
Investment Treaty Arbitration
Damages and Interest
Further Problems
International and domestic law offer numerous mechanisms for preventing a possible double recovery of damages
The payment of the award may be conditional on the return of investment assets

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