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Antoine Goetz v. Burundi

Type of decisionSentence
Date of decision29 January 1999
Tribunal
Prosper Weil (President)
Jean-Denis Bredin
Mohammed Bedjaoui
Legal instrumentBIT between Belgium-Luxembourg and Burundi (1989)
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Case of an entry into force 30 days after an exchange of notifications
First case where the “measure having an equivalent effect – clause” was applied.
As far as special notification requirements have to be observed it is required that these are complied with regarding every single claim
The investment agreement provides for the applicable law. This is sometimes accomplished by way of a choice of law clause.
Early case law provides that shareholders of the juridical person directly affected by the injurious acts can bring a claim
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
A tribunal may leave it in its decision to the respondent to choose between two options on how to satisfy the claimant.
Case of an entry into force 30 days after an exchange of notifications
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.
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

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