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Soufraki v. United Arab Emirates

Type of decisionAward
Date of decision7 July 2004
Tribunal
Yves Fortier (President)
Aktham El Kholy
Stephen M. Schwebel
Legal instrumentBIT between Italy and United Arab Emirates (1995)
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Statements from this decision

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Whether a certain nationality is given is in principle defined by national law. In cases of challenges of nationality, however, the international tribunal is competent to pass upon the challenge and decide for itself whether the person whose nationality is at issue was a national of that state
Certificates of nationality serve as prima facie evidence
The investor has the burden of proof regarding his or her nationality
It is for the tribunal to analyse the totality of the evidence
A party bears the burden of proof in establishing the facts that he or she asserts
The burden of proof regarding the nationality is on the investor
The burden of proof regarding nationality is on the claiming investor
Certificates of nationality serve as prima facie evidence
It is for the tribunal to analyse the totality of the evidence

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