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Olguín v. Paraguay

Type of decisionAward
Date of decision26 July 2001
Tribunal
Rodrigo Oreamuno (President)
Eduardo Mayora Alvarado
Francisco Rezek
Legal instrumentBIT between Paraguay and Peru (1994)
Related decision(s)Decision on Jurisdiction, 8 August 2000
Further information

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Applicability of IITs
Ratione Personae – Protected Investors
Natural Persons
Dual Nationality
In case the claimant effectively has dual nationality and an IIT between one of his or her home states and a third country grants rights for investors of this home state, the claimant is protected by the IIT even if the internal law of this home state establishes the primacy of the other nationality
Expropriation and Standards of Protection
Expropriation
General Requirements of an Expropriatory Act
Degree of Interference
Omissions cannot constitute an expropriation
Investment Treaty Arbitration
Costs
Further Problems
On calculating the costs, the prolonging of the proceedings caused by the failure of one party to meet the deadlines set by the tribunal can be a reason for an equal allocation of costs

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