Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

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Case Report (free download)

Case Report by Nahila A. Cortes, Editor Diego Luis Alonso Massa

Summary

Claimants brought a claim against the Republic of Costa Rica pursuant to the Costa Rica-Switzerland Bilateral Investment Treaty ("BIT") alleging that Costa Rica breached its obligations under the BIT, inter alia, protection and treatment, expropriation, and other commitments, in relation to its investment in a Costa Rica's company that operated in the liquefied petroleum gas sector ("LPG"). The Parties agreed to bifurcate the proceeding. In the decision on jurisdiction, the Tribunal decided that it had jurisdiction rationae temporisand rationae voluntatis. However, the Tribunal concluded that it only had jurisdiction rationae materiae in relation to the violation of the fair and equitable treatment regarding the tariff proceeding and the canon applied by Costa Rica's authority, and that it lacked jurisdiction on the others Claimants' claims.

Main issues

jurisdiction rationae temporis- State responsibility- jurisdiction rationae voluntatis- abuse of process - burden of proof - treaty shopping - jurisdiction rationae materiae- admissibility of the facts pro tempore.

Cervin Investissements SA and Rhone Investissements SA v Republic of Costa Rica - ICSID Case No. ARB/13/2 - Decision on Jurisdiction - 15 December 2014

Case report provided by International Arbitration Case Law (IACL)

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