Virtual ISDS Guidebook

1. Applicable Law, Interpretation & Precedent

1.1Applicable Law

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1.1.1By Topic

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1.1.2By Type of Law

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1.1.3Conflict of Laws

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1.1.3.1Conflicts Between Treaties

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1.2Interpretation

1.2.1Of Contract

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1.2.2Of Domestic Law

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1.2.3Of Treaty

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1.3Precedents and other Authorities

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2. Procedure

2.1Advance on Costs

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2.2Amicus

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2.3Bifurcation

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2.4Challenge

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2.5Confidentiality and Transparency

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2.6Consolidation

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2.7Constitution of the Tribunal

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2.8Counsel and Representation

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2.9Discontinuance

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2.10Emergency Arbitration

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2.11Evidence and Proof

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2.12Expedited Proceedings

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2.12.1ICSID Expedited Objections

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2.13Other Procedural

2.13.1Amendment of Initial Case

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2.14Provisional Measures

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2.14.1Test for Provisional Mesures

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2.15Reconsideration

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2.16Security for Claim

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2.17Security For Costs

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2.17.1Power

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2.17.2Test

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2.18Third-Party Funding

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2.18.1Disclosure

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3. Jurisdiction & Admissibility

3.1Abuse of Process

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3.1.1Fabricated Jurisdiction

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3.1.2Parallel Proceedings

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3.1.3Round-Trip Investment

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3.2Admissibility

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3.5Counterclaims

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3.6Denial of Benefits (DOB)

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3.7Dispute

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3.8Domestic Remedies

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3.9Forum Issues

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3.9.1Fork-in-the-Road

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3.10Intra EU

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3.11Legality of Investment

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3.11.1Examples

3.11.1.1Corruption

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3.12Most-Favoured-Nation Treatment

3.12.1MFN Applied To Dispute Settlement

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3.12.2MFN Applied To Standards of Protection

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3.13Multi-Party

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3.14Pre-Arbitration Requirements

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3.14.1By Type of Requirement

3.14.1.1Local Litigation Requirement

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3.15Prima Facie Case

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3.16Ratione Materiae

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3.17Ratione Personae

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3.17.1By Type of Investor

3.17.1.1Legal Entity

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3.17.1.1.1Ownership and Control

3.17.1.1.1.1Scenarios

3.17.1.1.1.1.1Claim by Domestic Company3.17.1.1.1.1.1.1Article 25(2)(b) ICSID ConventionYou are not logged in. If you are a subscriber, please Login to view additional case details. If you are

3.17.1.2Physical Person

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3.18Ratione Temporis

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3.18.1Limitation Period and Time-Bar

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3.18.2Non-Retroactivity

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3.19Standing

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3.20Treaty (Binding Nature)

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4. Merits

4.1Counterclaims

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4.2Defences

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4.3Denial of Justice

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4.4Discrimination

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4.5Effective Means

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4.6Expropriation

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4.6.1Identification of Expropriation

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4.7Fair and Equitable Treatment

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4.7.1Elements of FET

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4.7.1.1Arbitrariness

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4.7.1.2Legitimate Expectations

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4.8Free Transfer

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4.9Full Protection and Security

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4.10Minimum Standard of Treatment

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4.11Most-Favoured-Nation Treatment

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4.12National Treatment

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4.13Non-Impairment

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4.14Performance Requirement

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4.15Umbrella

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4.16War Losses

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5. Causation, Remedies & Costs

5.1Alternative Remedies

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5.2Causation

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5.3Costs

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5.4Damages

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5.5Interest

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5.6Valuation

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6. Post-Award Developments & Court Proceedings

6.1Enforcement

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6.2ICSID Annulment

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6.2.1Annulment Grounds

6.2.1.1Failure to State Reasons

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6.2.1.2Improper Constitution of the Tribunal

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6.2.1.3Manifest Excess of Powers

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6.2.1.4Serious Departure from Fundamental Rule of Procedure

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6.3Post-Award Remedies

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6.4Set Aside Proceedings

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6.5Stay of Enforcement

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Virtual ISDS Guidebook