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One party’s non-participation has no impact on the validity of the judgment. A tribunal is not bound only to address the facts brought to its attention by the other party, it may also try to complete its information.
First case where the “measure having an equivalent effect – clause” was applied.
Case of an entry into force 30 days after an exchange of notifications
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Temporis – Application in Time
- Vienna Convention on the Law of Treaties > Article 28 - Non-retroactivity of treaties
A tribunal may leave it in its decision to the respondent to choose between two options on how to satisfy the claimant.
The applicable law is defined by the choice of law clause within the IIT, as both parties to the IIT can be regarded as having consented to this. In cases where the choice of law clause is very wide a tribunal will have to address legal aspects beyond the IIT
One party’s non-participation has no impact on the validity of the judgment. A tribunal is not bound only to address the facts brought to its attention by the other party, it may also try to complete its information
Early case law provides that shareholders of the juridical person directly affected by the injurious acts can bring a claim
The investment agreement provides for the applicable law. This is sometimes accomplished by way of a choice of law clause.
One party’s failure to participate has no impact on the judgement’s validity. A tribunal is not only bound to address the facts brought to its attention by the other party, but it must also try to complete its information
As far as special notification requirements have to be observed it is required that these are complied with regarding every single claim
Protection of Investors under IITs
Applicability of IITs
Ratione Temporis – Application in Time
Case of an entry into force 30 days after an exchange of notifications
Expropriation and Standards of Protection
Expropriation
Measures Tantamount to Expropriation
First case where the “measure having an equivalent effect – clause” was applied.
Dispute Settlement Clauses
Waiting Clauses / Duty to Attempt Settlement Before Arbitration
Starting Date and Formal Requirements Triggering the Waiting Period
As far as special notification requirements have to be observed it is required that these are complied with regarding every single claim
Choice of Law Clauses
The investment agreement provides for the applicable law. This is sometimes accomplished by way of a choice of law clause.
Correct Claimant
Early case law provides that shareholders of the juridical person directly affected by the injurious acts can bring a claim
Procedural Questions
Arbitrating in the Absence of the Respondent
One party’s non-participation has no impact on the validity of the judgment. A tribunal is not bound only to address the facts brought to its attention by the other party, it may also try to complete its information
Decisions
A tribunal may leave it in its decision to the respondent to choose between two options on how to satisfy the claimant.
Article 28 - Non-retroactivity of treaties
Case of an entry into force 30 days after an exchange of notifications
Arbitration (Articles 36-55)
Article 42
Article 42(1)
Article 42(1)(1) - "rules of law as may be agreed by the parties"
The applicable law is defined by the choice of law clause within the IIT, as both parties to the IIT can be regarded as having consented to this. In cases where the choice of law clause is very wide a tribunal will have to address legal aspects beyond the IIT
Article 45
One party’s non-participation has no impact on the validity of the judgment. A tribunal is not bound only to address the facts brought to its attention by the other party, it may also try to complete its information.
Rule 42
One party’s failure to participate has no impact on the judgement’s validity. A tribunal is not only bound to address the facts brought to its attention by the other party, but it must also try to complete its information