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Austrian Airlines v. Slovakia

Type of decisionFinal Award
Date of decision9 October 2009
Tribunal
Gabrielle Kaufmann-Kohler (President)
Vojtech Trapl
Charles N. Brower (dissenting)
Legal instrumentBIT between Austria and Slovakia (1990)
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Statements from this decision

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While different tribunals should seek to act consistently with one another, there is no doctrine of precedent
A tribunal has a duty to seek to contribute to the harmonious development of investment law
IITs must be interpreted using the rules of interpretation laid down in the VCLT
Although not expressly mentioned in the VCLT, the principle expressio unius est exclusio alterius may be relevant within an contextual interpretation
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
If the provisions of the IIT clearly reflect an intention by the parties to restrict jurisdiction in a specific way, an MFN clause cannot overcome this restriction
It depends on the IIT whether an MFN clause is limited to substantive guarantees
A tribunal has the power to rule on its own jurisdiction (kompetenz-kompetenz)
There is no principle of extensive or restrictive interpretation of jurisdictional provisions in treaties
If an IIT only confers jurisdiction on the tribunal for disputes concerning the amount or payment of compensation for expropriation, the tribunal does not have jurisdiction over the question of whether an expropriation occurred and was legal
IITs must be interpreted using the rules of interpretation laid down in the VCLT
Although not expressly mentioned in the VCLT, the principle expressio unius est exclusio alterius may be relevant within an contextual interpretation
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
The principle expressio unius est exclusio alterius can be considered a supplementary means of interpretation within the meaning of Article 32 VCLT as well as an aid to contextual interpretation within Article 31 VCLT
A tribunal has the power to rule on its own jurisdiction (kompetenz-kompetenz)

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