Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).

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Case Report (free download)

Case Report by Svetlana Evliya, Editor Diego Luis Alonso Massa

Summary

Claimant brought an action for relief against Costa Rica pursuant to the Canada-Costa Rica BIT ("BIT") and the ICSID Convention alleging Costa Rica had breached, inter alia, fair and equitable treatment, full protection and security, most-favoured nation and expropriation protections standards as set out in the aforementioned BIT in relation to its investment in a gold mining concession in Costa Rica. As agreed by the Parties, the proceedings were bifurcated between jurisdiction and merits. The decision addresses Respondent's various objections to the jurisdiction of the Centre and the competence of the Tribunal in connection with the scope of Costa Rica's consent to arbitration under the BIT.

Main issues

Whether the Tribunal should consider claims as pleaded by Claimant; definition of "measure" under the BIT; qualification of a genuine claim under the BIT; prima facie test for establishing jurisdiction; interpretation of Article XII(3)(d) of the BIT in part of challenging measures regarding which the Costa Rican Courts have already rendered judgment.

Infinito Gold Ltd v Costa Rica - ICSID Case No. ARB/14/5 - Decision on Jurisdiction - 4 December 2017

Case report provided by International Arbitration Case Law (IACL)

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