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SwemBalt v. Latvia

Type of decisionDecision
Date of decision23 October 2000
Allan Philip (President)
Gustaf Moller
Kaj Hober
Legal instrumentBIT between Latvia and Sweden (1992)
Further information

Statements from this decision

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If the State delegates certain work to lower levels of government, be they federal, regional or municipal, it must be an obligation of the state under international law to ensure that the obligations under international law are fulfilled; the question of which public authority committed the violation is, therefore, irrelevant
Investor-State arbitration provisions provide for a unilateral right to initiate arbitration proceedings without the prior existence of a specific agreement to submit the case to arbitration
In the absence of the respondent, a tribunal is obliged to form its own view of the facts and of the law, and cannot rely indiscriminately on the contentions and allegations of the claimant


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