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AAPL v. Sri Lanka

Type of decisionAward
Date of decision27 June 1990
Tribunal
Ahmed Sadek El-Kosheri (President)
Berthold Goldman
Samuel K.B. Asante (dissenting)
Legal instrumentBIT between Sri Lanka and United Kingdom (1980)
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Statements from this decision

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IITs must be understood in the light of implicitly or explicitly applicable supplementary rules of an international law character or of domestic law nature
IITs must be interpreted using the rules of interpretation laid down in the VCLT
An interpretation must give terms a practical effect
An IIT is not a self-contained closed legal system
General remarks regarding the standard of protection and security in customary international law
The full protection and security standard is not a strict liability standard
Application of a “losses due to war" clause
It suffices that a claim remains outstanding for the time required by the IIT
A tribunal must be convinced of the truth of the evidence submitted. It may freely evaluate the evidence.
The burden of proof rests upon the party alleging the fact. Where there is a prima facie evidence the burden of proof shifts to the other side. A prima facie evidence may be sufficient in cases where it is extremely difficult to prove certain facts.
Interest can be awarded at a reasonable rate
Interest is an integral part of the compensation and should run from the date when the international responsibility becomes engaged
Assessment of damages owed to indirect investors where no stock market price for shares is available
IITs must be interpreted using the rules of interpretation laid down in the VCLT
An interpretation must give terms a practical effect
A choice of law by the parties can be constructed from their conduct throughout the proceedings

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