Magnifier Search

Mihaly v. Sri Lanka

Type of decisionAward
Date of decision15 March 2002
Tribunal
Sompong Sucharitkul (President)
Andrew Rogers
David Suratgar
Legal instrumentBIT between Sri Lanka and USA (1991)
Further information

Statements from this decision

You are currently viewing the statements in their context. To view them in a list, click here.
International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Law of Treaties
Further Problems
According to the rules of Articles 34, 35 and 36 of the VCLT the rule “pacta tertiis nec nocent nec prosunt” provides that treaties neither harm nor benefit non-Parties
Vienna Convention on the Law of Treaties
Article 34 - General rule regarding third States
According to the rules of Articles 34, 35 and 36 of the VCLT the rule “pacta tertiis nec nocent nec prosunt” provides that treaties neither harm nor benefit non-Parties
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Ex Officio Examination of Jurisdiction
Prerequisites of ICSID competence have to be addressed by a tribunal
Jurisdiction Ratione Materiae
Investment
General Remarks
In interpreting “investment”, the current and past practice of ICSID and the practice of States as evidenced in multilateral and bilateral treaties and agreements is relevant
Further Problems
Whether pre-investment expenditure can be regarded as an investment depends upon the determination of the parties of at what point in their negotiations they wished to engage the provisions of the Convention by entering into an investment
Jurisdiction Ratione Personae
Further Problems
A person who has a claim which is procedurally defective under the ICSID Convention cannot transfer this title to another person which would have standing without the consent of the host state involved.

Feedback

Above you will find 5 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!