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Railroad Development Corporation v. Guatemala

Type of decisionSecond Decision on Objections to Jurisdiction
Date of decision18 May 2010
Tribunal
Andrés Rigo Sureda (President)
James R. Crawford
Stuart E. Eizenstat
Legal instrumentDominican Republic – Central America Free Trade Agreement
Related decision(s)
Further informationFull text of the decision

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
Investment “In Accordance With the Legislation”
It does not matter whether an IIT refers to domestic law only within individual paragraphs of its list of forms of investment; it is to be expected that investments made in a country will meet the relevant legal requirements
Ratione Temporis – Application in Time
On assessing an act, which took place before the IIT entered into force, one must distinguish between an act of continuing character and an already completed act continuing to cause loss or damage
It is necessary to distinguish the date when a dispute starts from the facts leading to it

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