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American Manufacturing v. Zaire

Type of decisionAward
Date of decision21 February 1997
Sompong Sucharitkul (President)
Heribert Golsong
Kéba Mbaye (dissenting)
Legal instrumentBIT between USA and Zaire (1984)
Further information

Statements from this decision

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A state cannot rely on its national legislation to justify a breach of an international obligation
The protection and security standard is not inferior to the minimum standard to vigilance and of care required by international law; the state has to take all measures necessary to ensure the full enjoyment of protection and security of its investment
Application of a “losses due to war" clause
Preservation of rights clauses are meant to preserve the treatment which would be more favourable than that resulting from the Treaty. It is not meant to give national laws supremacy over the treaty
Should a treaty require a claimant to undertake efforts of negotiation and consultation
Tribunal examining question of admissibility sua sponte
Remarks regarding res ipsa loquitur
In calculating damages, the special circumstances within the country must be taken into consideration
A state cannot rely on its national legislation to justify a breach of an international obligation
Prerequisites of ICSID competence have to be addressed by a tribunal
Consent can be based on the IIT
A shareholder can bring a claim on its own behalf and need not bring a claim on behalf of the injured company as indirect investments enjoy special protection
A legal dispute is a dispute requiring the application of rules of law and calling for legal solutions
Article 36(3) ICSID Convention does not prevent the tribunal from examining its own competence under the ICSID Convention
The applicable law in cases of a claim based on an IIT is the treaty itself


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