Magnifier Search

GEA Group v. Ukraine

Type of decisionAward
Date of decision31 March 2011
Tribunal
Albert Jan van den Berg (President)
Brigitte Stern
Toby Landau
Legal instrumentBIT between Germany and Ukraine (1993)
Further information

Statements from this decision

You are currently viewing the statements in their context. To view them in a list, click here.
A misrepresentation is not attributable to a state if it was made by a representative of a separate legal entity acting in a commercial capacity, even if that entity is under complete control of the state
An arbitral award concerning contractual rights and obligations does not constitute an investment
A contract concerning the processing of goods can constitute an investment
In case a settlement agreement does not create rights, it does not constitute an investment in and of itself
Refusal to enforce an arbitral award does not amount to denial of justice if the claimant's arguments were heard and there is nothing clearly improper or discreditable with respect to the decision
To establish a legitimate expectation of payment, there must be an unconditional promise by the state
A misrepresentation is not attributable to a state if it was made by a representative of a separate legal entity acting in a commercial capacity, even if that entity is under complete control of the state
It is not required that the claimant owns or controls the investment at the time of registration of the request for arbitration
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")
A contract concerning the processing of goods can constitute an investment
In case a settlement agreement does not create rights, it does not constitute an investment in and of itself
An arbitral award concerning contractual rights and obligations does not constitute an investment
A claimant must have held an interest in the investment before the alleged treaty violations were committed
It is not required that the claimant owns or controls the investment at the time of registration of the request for arbitration
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")

Feedback

Above you will find 9 statement(s) from this decision. Please note that when viewing the statements in their context, the same statement may appear multiple times if it is relevant for more than one topic. Did we miss something? Feel free to send us your suggestions!