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Archives
Background: investment in the Estonian banking sector
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Costs were split
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On the merits, the tribunal ordered the payment of the principal and unpaid interest to Fedax
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Tribunal identified “basic features” of an investment
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Endorsement of promissory notes did not affect their status as protected investment
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Loans and credit facilities were protected forms of investment under the BIT
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Tribunal saw no reason to decline jurisdiction over promissory notes under the ICSID Convention
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Jurisdiction extends to indirect investments if dispute arises “directly from the transaction” and the transaction can be distinguished from an “ordinary commercial transaction”
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Notion of “investment” under the ICSID Convention must be interpreted in broad terms
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Arbitrators examined jurisdiction ratione personae on their own motion
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Tribunal saw a legal dispute
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Background: Fedax brought treaty claims against Venezuela for lack of payment of state-issued promissory notes
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Tribunal considered that Estonian law should be applied to the revocation of the banking license
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Stressing questionable conduct by both parties, the tribunal split the costs and expenses
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Fork-in-the-road provision was not triggered by actions before local courts
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Counterclaim regarding sums transferred to claimants after revocation of license was without merit
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Although contrary to general practice, revocation of license did not violate claimants’ right to due process or amount to a denial of justice
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Tribunal rejected harassment claim for lack of evidence
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Estonia not liable for misrepresentation of assets of local bank branch acquired by claimants
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Revocation of license did not violate FET provision, reflecting a minimum standard
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Revocation of license was not arbitrary or discriminatory
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One year after the award, a request for supplementary decisions and rectification was rejected
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