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Rule 55(3) ICSID Arbitration Rules adopts the doctrine of res judicata for awards having been annulled only in part
Considerations on whether new facts permit prior jurisdictional findings to be reopened in a resubmitted case, even where the original jurisdictional findings were not annulled
- ICSID Convention > Arbitration (Articles 36-55) > Article 52 > General Remarks
- ICSID Arbitration Rules > Rule 55
The fact that "derivative suits" are inadmissible under local law is not relevant for the treaty based protection of a foreign shareholder owning shares in a local company
Generally, the decisive date for determining foreign control is the date of the consent; however, subsequent developments may be relevant
Res judicata as a principle of general international law
Res judicata requires identical parties, the same subject matter and the same cause of action
The decisive date for determining the claimant's standing is the date on which the proceedings were instituted
- Investment Treaty Arbitration > Correct Claimant
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Jurisdiction Ratione Personae > Further Problems
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Further Problems
Res judicata as a principle of general international law
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Shares
The fact that "derivative suits" are inadmissible under local law is not relevant for the treaty based protection of a foreign shareholder owning shares in a local company
Admissibility
Res Judicata / Ne Bis In Idem
Res judicata requires identical parties, the same subject matter and the same cause of action
Correct Claimant
The decisive date for determining the claimant's standing is the date on which the proceedings were instituted
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Personae
Juridical Persons
Nationality Based on Control, Article 25 II b 2. Alt. ICSID Convention
Generally, the decisive date for determining foreign control is the date of the consent; however, subsequent developments may be relevant
Further Problems
The decisive date for determining the claimant's standing is the date on which the proceedings were instituted
Arbitration (Articles 36-55)
Article 52
General Remarks
Considerations on whether new facts permit prior jurisdictional findings to be reopened in a resubmitted case, even where the original jurisdictional findings were not annulled
Rule 55
Rule 55(3) ICSID Arbitration Rules adopts the doctrine of res judicata for awards having been annulled only in part
Considerations on whether new facts permit prior jurisdictional findings to be reopened in a resubmitted case, even where the original jurisdictional findings were not annulled