brought under the dominican republic - central america - ita
brought under the dominican republic - central america - ita
brought under the dominican republic - central america - ita
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(03) The ICSID Convention<br />
1.13. ICSID Article 25(1)<br />
―1. The jurisdiction of <strong>the</strong> Centre shall extend to any legal dispute arising directly<br />
out of an investment, between a Contracting State (or any constituent subdivision or<br />
agency of a Contracting State designated to <strong>the</strong> Centre by that State) and a national<br />
of ano<strong>the</strong>r Contracting State, which <strong>the</strong> parties to <strong>the</strong> dispute consent in writing to<br />
submit to <strong>the</strong> Centre. When <strong>the</strong> parties have given <strong>the</strong>ir consent, no party may withdraw<br />
its consent unilaterally.‖<br />
1.14. ICSID Article 27<br />
―1. No Contracting State shall give diplomatic protection, or bring an<br />
international claim, in respect of a dispute which one of its nationals and ano<strong>the</strong>r<br />
Contracting State shall have consented to submit or shall have submitted to<br />
arbitration <strong>under</strong> this Convention, unless such o<strong>the</strong>r Contracting State shall have<br />
failed to abide by and comply with <strong>the</strong> award rendered in such dispute.<br />
2. Diplomatic protection, for <strong>the</strong> purposes of paragraph (1), shall not include<br />
informal diplomatic exchanges for <strong>the</strong> sole purpose of facil<strong>ita</strong>ting a settlement of <strong>the</strong><br />
dispute.‖<br />
(04) The ICSID Arbitration Rules<br />
1.15. ICSID Arbitration Rule 27<br />
―A party which knows or should have known that a provision of <strong>the</strong> Administrative<br />
and Financial Regulations, of <strong>the</strong>se Rules, of any o<strong>the</strong>r rules or agreement<br />
applicable to <strong>the</strong> proceeding, or of an order of <strong>the</strong> Tribunal has not been complied<br />
with and which fails to state promptly its objections <strong>the</strong>reto, shall be deemed—<br />
subject to Article 45 of <strong>the</strong> Convention—to have waived its right to object.‖<br />
1.16. ICSID Arbitration Rule 28<br />
―(1) Without prejudice to <strong>the</strong> final decision on <strong>the</strong> payment of <strong>the</strong> cost<br />
of <strong>the</strong> proceeding, <strong>the</strong> Tribunal may, unless o<strong>the</strong>rwise agreed by <strong>the</strong><br />
parties, decide:<br />
Annex to Part 1 – Page 8