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Global Trading Resource/Globex v. Ukraine

Type of decisionAward
Date of decision1 December 2010
Tribunal
Franklin Berman (President)
Christopher Thomas
Emmanuel Gaillard
Legal instrumentBIT between Ukraine and USA (1996)
Further information

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Claims to Money
If the treaty requires them to be associated with an investment, claims to money do not constitute an investment in themselves
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
The Parties’ Consent and “Investment” / Two-Part Test of Investment
The definition of investment within Article 25 ICSID Convention is generally left to the consent of the parties; there is, however, an objective limit to this freedom
Whether there is an investment is subject to a two-part test in treaty-based ICSID proceedings
Contracts as Investments
The obligations to perform additional activities, such as engineering, design and production, do not turn a commercial contract into an investment
ICSID Arbitration Rules
Rule 41
"Manifestly" within the meaning of Rule 41(5) ICSID Arbitration Rules sets a high standard; the objection has to be established clearly and obviously, with relative ease and despatch
Rule 41(5) ICSID Arbitration Rules is not limited to claims manifestly without substantive legal merit; it also applies to claims for which the tribunal manifestly lacks jurisdiction
Remarks regarding the procedure under Rules 41(5) ICSID Arbitration Rules

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