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Tribunal sees no evidence of a genuine investment
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BIT’s definition of ‘investment’ needs to be interpreted in light of general requirements inherent in investment system rationale
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Venoklim failed to prove that claimant’s establishment in the Netherlands had any other purpose than to ‘internationalise’ a domestic investment
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ISDS system requires more than formal compliance with nationality requirements to qualify as foreign investor
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First tribunal’s findings on claimant’s qualification as ‘investor’ fail to meet triple-identity test, and thus do not amount to res judicata
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Tribunal finds support in other awards that saw no grounds for ‘fallback options’ after Venezuela’s withdrawal from ICSID Convention
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Consent to ICSID Additional Facility Rules arbitration was intended to apply only until Venezuela ratified the ICSID Convention
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Parties’ reference to prevailing treaty language is not a mere suggestion, but a binding indication
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In light of clear textual elements, tribunal excludes that “unconditional consent” to ICSID arbitration can transfer to ICSID AF arbitration
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Background: Second arbitration sees notable procedural developments, including order on security for costs
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