...See Brauch, supra note 28, at 17-18. [43] See e.g., Ethyl Corp., ¶ 84 and Ronald S. Lauder v. Czech Republic, Final Award ¶ 184 (UNCITRAL 2001), https://www.italaw.com/sites/default/files/case-documents/ita0451.pdf. [44] Enron...
...ARB/12/33) Award (22 December 2017), para. 836; Invesmart v. Czech Republic (UNCITRAL Arbitration Rules) Award (26 June 2009), para. 498; Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case...
...Peru ICSID Case No. ARB/14/21 Partial Dissent, Prof. Philippe Sands QC (Nov. 30, 2017), Urbaser v. Argentina ARB/07/26, supra note 6. [9] Phoenix Action, Ltd. v. The Czech Republic, ICSID...
...that principle. Decisions such as Methanex v United States, Saluka v Czech Republic, and Chemtura v Canada recognise that non-discriminatory regulation adopted in good faith, for a legitimate public purpose,...
...of intra-EU BITs had been highly contested among academics and professionals for over ten years. In 2007, the tribunal in Eastern Sugar v. Czech Republic[5] rejected the Respondent’s argument that...
...v. Czech Republic, UNCITRAL and CME Czech Republic B.V. v. Czech Republic, UNCITRAL. While typically coordination is an option exercised when the same arbitral tribunal is appointed by the parties...
...Phoenix Action v. Czech Republic presented an instance of back-end treaty shopping, which proved to be an unsuccessful attempt.[13] The corporate restructure was carried out after the disputes had arisen,...
...does not produce much of a practical difference. [10] Eastern Sugar B.V. Netherlands v. The Czech Republic, SCC No. 088/2004, Partial Award, ¶ 165 (March 27, 2007). [11] Addiko Bank...
...due process, and was fairly compensated on.[18] Following these criteria, the arbitral tribunal in Saluka v. Czech Republic ruled that a State does not commit an illegal expropriation when it...
Author: Emmanuela Truli* Published: March 2008 Jurisdictions: Czech Republic The Netherlands Topics: Arbitrators and Arbitral Tribunals Immunity of Arbitrators Categories of Disputes Investment Disputes SCC Description: I. INTRODUCTION In the...
...Convention on the Law of Treaties (“VCLT”). The status of this doctrine as a custom was confirmed in the landmark case of Saluka v. Czech Republic, where it was held,...
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