You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
Expropriation is not limited to tangible property rights
The precedence of international law over rules of domestic law is not altered by Article 42 ICSID Convention, even where municipal statutes collide with general, well-established international legal principles
Expropriation requires a lasting interference with property rights; the seizure of property for nearly a year qualifies as such a lasting interference
The burden of proof regarding an alleged bribery is borne by the host state; it is not sufficient to demonstrate a coincidence in the timing of payments and the investment in question
Bribery by the claimant can be ground for dismissal of a claim
To draw a line between illegal bribery and legal commissions, a tribunal may take into account whether the bribed person was prosecuted by the host state
On calculating the damages, it does not matter whether the actual investment was carried out by affiliates of the claimant, as long as the investment went into the venture and it is a widely established practice to adopt such allocation measure for taxation purposes
It is appropriate for a tribunal to award compound interest in most commercial arbitrations
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
Investment “In Accordance With the Legislation”
The burden of proof regarding an alleged bribery is borne by the host state; it is not sufficient to demonstrate a coincidence in the timing of payments and the investment in question
Bribery by the claimant can be ground for dismissal of a claim
To draw a line between illegal bribery and legal commissions, a tribunal may take into account whether the bribed person was prosecuted by the host state
Expropriation and Standards of Protection
Expropriation
Scope of Protection
Expropriation is not limited to tangible property rights
General Requirements of an Expropriatory Act
Duration of Interference
Expropriation requires a lasting interference with property rights; the seizure of property for nearly a year qualifies as such a lasting interference
Damages and Interest
Basis for Calculating Damages
On calculating the damages, it does not matter whether the actual investment was carried out by affiliates of the claimant, as long as the investment went into the venture and it is a widely established practice to adopt such allocation measure for taxation purposes
Interest
Interest Absent Explicit Rules
It is appropriate for a tribunal to award compound interest in most commercial arbitrations
Arbitration (Articles 36-55)
Article 42
Article 42(1)
Article 42(1)(2) - "absence of such agreement"
The precedence of international law over rules of domestic law is not altered by Article 42 ICSID Convention, even where municipal statutes collide with general, well-established international legal principles