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Joy Mining Machinery v. Egypt

Type of decisionAward on Jurisdiction
Date of decision6 August 2004
Tribunal
Francisco Orrego Vicuña (President)
C.G. Weeramantry
William Laurence Craig
Legal instrumentBIT between Egypt and United Kingdom (1975)
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Statements from this decision

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A state's formal declaration constitutes a unilateral act, which gives rise to obligations on which third parties may rely
A bank guarantee does not constitute an investment
The obligations to perform additional activities, such as engineering, design and production, do not turn a commercial contract into an investment
For the sake of a stable legal order, a tribunal has to distinguish between investments and commercial contracts
Depending on the specific case, an umbrella clause does not necessarily have the effect of transforming all contract claims into treaty claims
Distinction between violation of a contract and a treaty
Whether a prima facie test is sufficient or whether the tribunal must examine the allegations in a broader perspective depends on the specific circumstances of each case
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
The obligations to perform additional activities, such as engineering, design and production, do not turn a commercial contract into an investment
For the sake of a stable legal order, a tribunal has to distinguish between investments and commercial contracts
Investments imply contributions, a certain duration of performance of the contract, participation in the risk of transaction, and contribution to economic development (so called Salini Test)

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