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Railroad Development Corporation v. Guatemala

Type of decisionDecision on Objection to Jurisdiction CAFTA Article 10.20.5
Date of decision17 November 2008
Andrés Rigo Sureda (President)
James R. Crawford
Stuart E. Eizenstat
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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If an IIT stipulates that no claim may be submitted to arbitration without a waiver of local remedies, the word "claim" applies to each distinct claim, not the whole arbitration; thus, a waiver may be valid in respect to some claims, and invalid in respect to others
In case an IIT requires claimant to waive local remedies, the waiver is not restricted to damage claims; additionally, the fact that it is unlikely that local remedies would be successful is of no relevance for a waiver requirement
Without an agreement by the parties, a tribunal cannot remedy a jurisdictional defect


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