You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Archives
Dissenter emphasizes that the state’s police powers are not illimited, and sees breaches of the FET standard
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Dissenter opines that Panama’s failure to engage in amicable negotiations amounted to a breach of due process
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
FET standard protects investors against arbitrariness, lack of due process, and harassment; tribunal cannot act as an appeals mechanism to challenge administrative conduct
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Conduct of interim administrators and liquidators can be attributed to Panama under Article 5 of the ILC Articles
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Superintendency qualifies as a state organ
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal sees abuse of process neither in claimant’s failure to challenge the contested measures in domestic courts, nor in Mr. Castillo’s procedural conduct during the arbitration
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Increase from 62.5% to 100% in claimant’s shareholding does not amount to an abuse of process
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Allegations of abuse of process must meet a high burden of proof; no indication that the claimant acquired Dominican nationality with the purpose of gaining access to BIT arbitration
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Dispute giving rise to the arbitration claim arose after the claimant acquired Dominican nationality
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
The claimant’s nationality at the time when the investment was made is irrelevant
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal sees no reason to restrict the BIT’s temporal scope to disputes that occurred after Panama was informed of the claimant’s Dominican nationality
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Only illegal acts that occurred during the making of the investment can render a claim inadmissible – and no such acts have been proved
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Territoriality requirement is fulfilled
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal is unconvinced that Salini test applies to non-contractual investments outside the ICSID context, but finds that the test is met in any event
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal doubts that dominant and effective nationality test is relevant without express treaty requirement for a claimant who does not hold the nationality of the host state; in any case, the test would be met
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Alleged limitations regarding trusts under Panamanian law fail to sway the tribunal
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Even if the tribunal was to accept that the ownership rights lie with the trust, Mr. Castillo could still bring a claim since he controls Seguros BBA
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal considers that as a beneficiary of a trust, the claimant holds ownership rights over the investment
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Original tribunal chair resigns and is replaced; bifurcation request is rejected
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Background: Individual claimant turns to arbitration after his Panamanian company is liquidated
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.