brought under the dominican republic - central america - ita

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List of Selected Legal Materials Treaties: The Dominican Republic-Central America-United States Free Trade Agreement of 2004 (“CAFTA”) The ICSID Convention on the Settlement of Investment Disputes of 1965 (“ICSID Convention”) The Vienna Convention on the Law of Treaties of 1969 (“Vienna Convention”) Salvadoran Laws: Investment Law, Legislative Decree No. 732, 14 October 1999 Mining Law, Legislative Decree No. 544, 14 December 1995, amended by Legislative Decree No. 475, 11 July 2001 Regulations of the Mining Law and its Amendments, Legislative Decree No. 47, 20 June 2003 Decisions, Awards and Judgments: Alex Genin and others v. Republic of Estonia, ICSID Case No. ARB/99/2, Decision on Claimants' Request for Supplementary Decisions and Rectification, 4 April 2002 Anglo-Iranian Oil Co. (United Kingdom v. Iran), Preliminary Objection – Judgment, 22 July 1952, ICJ Reports 1952 Aegean Sea Continental Shelf (Greece v. Turkey), Judgment, 19 December 1978, ICJ Reports 1978 Autopista Concesionada de Venezuela, C.A. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/00/5, Decision on Jurisdiction, 27 September 2001 v
African Holding Company of America, Inc. and Société Africaine de Construction au Congo S.A.R.L. v. Democratic Republic of the Congo, ICSID Case No ARB/05/21, Award, 29 July 2008 Aguas del Tunari S.A. v. Republic of Bolivia, ICSID Case No. ARB/02/3, Decision on Respondent‟s Objections to Jurisdiction, 21 October 2005 Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela, ICSID Case No ARB/08/3, Decision on Respondent‟s Objection under Rule 41(5) of the ICSID Arbitration Rules, 2 February 2009 Cemex Caracas Investments B.V. and Cemex Caracas II Investments B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/08/15, Decision on Jurisdiction, 30 December 2010 Chevron Corporation (USA) and Texaco Petroleum Company (USA) v. Republic of Ecuador, UNCITRAL, PCA Case No. 34877, Interim Award, 1 December 2008 Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador, ICSID Case No. ARB/09/17, Award, 14 March 2011 Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador, ICSID Case No. ARB/04/19, Award, 12 August 2008 Electricity Company of Sofia v. Bulgaria (Belgium v. Bulgaria), 1939 P.C.I.J. (ser. A/B) No. 77 (Order of Apr. 4) Fisheries Jurisdiction (Spain v. Canada), Judgment, 4 December 1998, ICJ Reports 1998 Generation Ukraine Inc. v. Ukraine, ICSID Case No ARB/00/9, Award, 16 September 2003 Impregilo S.p.A v. Islamic Republic of Pakistan, ICSID Case No. ARB/03/3, Decision on Jurisdiction, 22 April 2005 Inceysa Vallisoletana S.L. v. Republic of El Salvador, ICSID Case No. ARB/03/26, Award, 2 August 2006 Ioannis Kardassopoulos v. Georgia, ICSID Case ARB/05/18, Decision on Jurisdiction, 6 July 2007 Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria), Preliminary Objections, 11 June 1998, ICJ Reports 1988 Limited Liability Company Amto v. Ukraine, SCC Case No. 080/2005 (ECT), Final Award, 26 March 2008 M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador, ICSID Case No. ARB/03/6, Award, 31 July 2007 vi
Page 1 and 2: IN THE MATTER OF AN ARBITRATION BEF
Page 3 and 4: One-Time Acts .....................
Page 5: Glossary of Defined Terms “CAFTA
Page 9 and 10: Waste Management, Inc. v. United Me
Page 11 and 12: 1.4. Prior to 2 March 2012, the Cla
Page 13 and 14: C: The Tribunal’s Decision of 2 A
Page 15 and 16: 1.23. The Respondent: The Responden
Page 17 and 18: under cover of a letter also dated
Page 19 and 20: G: The Parties’ Claims for Relief
Page 21 and 22: c. Piercing the corporate veil (Mem
Page 23 and 24: H: The Jurisdictional Issues 1.46.
Page 25 and 26: (02) CAFTA 1.4. CAFTA Article 10.1:
Page 27 and 28: 2. At least 90 days before submitti
Page 29 and 30: measure alleged to constitute a bre
Page 31 and 32: (03) The ICSID Convention 1.13. ICS
Page 33 and 34: (5) ILC Articles on State Responsib
Page 35 and 36: proof or the Claimant‟s allegatio
Page 37 and 38: 2.11. Burden of Proof: As far as th
Page 39 and 40: 2.19. In presenting this main objec
Page 41 and 42: precedented regulatory obstacles de
Page 43 and 44: 2.32. In its Post-Hearing Submissio
Page 45 and 46: SID Convention, nor relates to a
Page 47 and 48: But on the other side, an internati
Page 49 and 50: for such disputes would constitute,
Page 51 and 52: scribed in its early pleadings form
Page 53 and 54: 2.65. The Tribunal considers that t
Page 55 and 56: vestment (which by themselves are n
Page 57 and 58:
minated; nothing more could have be
Page 59 and 60:
to arbitrarily change or add new re
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2.86. Accordingly, treating the rel
Page 63 and 64:
2.93. The Tribunal notes that this
Page 65 and 66:
ability and not merely as a possibl
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2.105. Having reached these several
Page 69 and 70:
Tribunal‟s jurisdiction to determ
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3.5. The Respondent also submits th
Page 73 and 74:
cause there was only one applicatio
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leged de facto ban on mining was no
Page 77 and 78:
Claimant, it came to light only in
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that led to the revocation should b
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for the purpose of deciding the Rat
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distinction made in the Commerce Gr
Page 85 and 86:
EMELEC v. Ecuador (under the USA-Ec
Page 87 and 88:
would qualify for treaty protection
Page 89 and 90:
4.17. (iii) Timeliness: The Respond
Page 91 and 92:
the Respondent submits, to require
Page 93 and 94:
ditiously resolved” (paragraph l)
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provided the Respondent with its No
Page 97 and 98:
4.44. The Claimant contends further
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lomatic protection within the meani
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Party [i.e. as the host State] whic
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there were and are certain activiti
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4.74. It will be recalled that the
Page 107 and 108:
der different arbitration rules, th
Page 109 and 110:
4.91. It follows that this third co
Page 111 and 112:
Convention. 145 In the Respondent
Page 113 and 114:
further express requirement of havi
Page 115 and 116:
Legislativa was fully aware that th
Page 117 and 118:
made before and after the Claimant
Page 119 and 120:
5.33. As established by the Interna
Page 121 and 122:
5.40. As also summarized above, the
Page 123 and 124:
Government had always treated the C
Page 125 and 126:
PART 6: ISSUE E - LEGAL AND ARBITRA
Page 127 and 128:
6.10. The Claimant submits that, un
Page 129 and 130:
tion ratione temporis (i.e. the con
Page 131 and 132:
Party to also put in a witness stat
Page 133 and 134:
ture arbitration proceedings. Indee
Page 135 and 136:
this arbitration with the least exp
Page 137 and 138:
abused the Tribunal's indulgence in
Page 139 and 140:
avoided; but, instead, the Responde
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“a U.S. investor organized under
Page 143 and 144:
The Respondent acknowledges, of cou
Page 145 and 146:
Claimant submits that under the cir
Page 147 and 148:
ment in the communications with the
Page 149 and 150:
6.76. The Claimant submits that the
Page 151 and 152:
PART 7: THE OPERATIVE PART 7.1. For
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