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Neither the Additional Facility Rules, nor general rules of procedural law prevent a party from communicating with a witness introduced by the opposing party
Examples of denial of justice include the refusal of a court to entertain a suit, the undue delay of the case, the seriously inadequate administration of justice, and the clear and malicious misapplication of the law.
Article 1105 NAFTA does not provide an investor protection beyond the standards of general public international law.
In case the annulment of a concession contract governed by national law is deemed legal by national courts, no breach of treaty can be assumed unless the claimant demonstrates that either the national legal standards for such an annulment constitute an expropriation, or the decisions by the national courts fail to meet other substantive standards of the treaty, e.g. by denial of justice.
Basic principles of NAFTA by first tribunal addressing merits
The breach of a concession contract alone does not constitute a violation of NAFTA
State responsibility can also be based on an act of the judiciary
In case the annulment of a concession contract governed by national law is deemed lawful by national courts, no breach of treaty can be assumed unless the claimant demonstrates that either the national legal standards for such an annulment constitute an expropriation or the national courts’ decisions fail to meet other substantive standards of the treaty, e.g . by denial of justice
Article 1105 NAFTA does not provide an investor protection beyond the standards of general public international law
The breach of a concession contract alone does not constitute a violation of NAFTA
General statement regarding basic principles of NAFTA by the first tribunal addressing merits
Even in case a claim is denied, an equal allocation of costs is possible when certain criteria are met
Examples of denial of justice include the a court’s refusal to entertain a suit, the undue delay of the case, the seriously inadequate administration of justice, and the clear and malicious misapplication of the law
Accepting national court’s jurisdiction does not preclude having recourse to other courts or tribunals having jurisdiction on another foundation; this is even true where national courts have already been called upon
International Law Rules Applicable to IITs
Law of State Responsibility
Attribution of Acts
Attribution of Acts by the Judiciary
State responsibility can also be based on an act of the judiciary
Protection of Investors under IITs
Character of IITs
Basic principles of NAFTA by first tribunal addressing merits
Expropriation and Standards of Protection
Expropriation
General Requirements of an Expropriatory Act
Further Problems
In case the annulment of a concession contract governed by national law is deemed legal by national courts, no breach of treaty can be assumed unless the claimant demonstrates that either the national legal standards for such an annulment constitute an expropriation, or the decisions by the national courts fail to meet other substantive standards of the treaty, e.g. by denial of justice.
Fair and Equitable Treatment
Relationship to Public International Law
Article 1105 NAFTA does not provide an investor protection beyond the standards of general public international law.
Case Groups
Denial of Justice
Examples of denial of justice include the refusal of a court to entertain a suit, the undue delay of the case, the seriously inadequate administration of justice, and the clear and malicious misapplication of the law.
Dispute Settlement Clauses
Character of Investor-State Arbitration Clauses
Accepting national court’s jurisdiction does not preclude having recourse to other courts or tribunals having jurisdiction on another foundation; this is even true where national courts have already been called upon
Contract and Treaty Claims
Impact of Contract Claims on IIT Claims
The breach of a concession contract alone does not constitute a violation of NAFTA
Costs
General Remarks
Even in case a claim is denied, an equal allocation of costs is possible when certain criteria are met
Preamble
General statement regarding basic principles of NAFTA by the first tribunal addressing merits
Chapter Eleven – Section A – Investment
General Remarks
The breach of a concession contract alone does not constitute a violation of NAFTA
Article 1105 – Minimum Standard of Treatment
The Relationship of the Standard to Public International Law
Article 1105 NAFTA does not provide an investor protection beyond the standards of general public international law
Case Groups
Examples of denial of justice include the a court’s refusal to entertain a suit, the undue delay of the case, the seriously inadequate administration of justice, and the clear and malicious misapplication of the law
Article 1110 – Expropriation and Compensation
Indirect Expropriation / Regulations
Further Problems
In case the annulment of a concession contract governed by national law is deemed lawful by national courts, no breach of treaty can be assumed unless the claimant demonstrates that either the national legal standards for such an annulment constitute an expropriation or the national courts’ decisions fail to meet other substantive standards of the treaty, e.g . by denial of justice
Article 43
Neither the Additional Facility Rules, nor general rules of procedural law prevent a party from communicating with a witness introduced by the opposing party