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IBM v. Ecuador

Type of decisionDecision on jurisdiction and competence
Date of decision22 December 2003
Tribunal
Rodrigo Jijón Letort (President)
Alejandro Ponce Martínez
León Roldós Aguilera (dissenting)
Legal instrumentBIT between Ecuador and USA (1997)
Further information

Statements from this decision

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International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Relationship of IITs to Domestic Law
Supremacy of Public International Law
A state cannot rely on its national legislation to justify a breach of an international obligation
Law of Treaties
Rules of Interpretation
Object and Purpose as a Rule of Interpretation
The interpretation of an IIT must take into account its purpose
Investment Treaty Arbitration
Admissibility
Prima Facie Case
If the investment is a contract, a tribunal does not examine the contract's alleged nullity at the procedural stage; prima facie evidence of the existence of the contract is sufficient
Vienna Convention on the Law of Treaties
Article 27 - Internal law and observance of treaties
A state cannot rely on its national legislation to justify a breach of an international obligation
Article 31 - General rule of interpretation
Object and Purpose
The interpretation of an IIT must take into account its purpose
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Consent
General Remarks
The consent for arbitration can be expressed in several ways
Consent Based on an IIT
Consent can be based on the IIT
Jurisdiction Ratione Materiae
Investment
Contracts as Investments
If the investment is a contract, a tribunal does not examine the contract's alleged nullity at the procedural stage; prima facie evidence of the existence of the contract is sufficient
Article 26
The exhaustion of local remedies rule does not apply to claims under an IIT if the state did not qualify its consent
ICSID Institution Rules
Rule 2
Rule 2(1)(d)(iii) ICSID Institution Rules is not applicable if the claimant is a shareholder of a juridical person having the nationality of the host state

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