Hostname: page-component-848d4c4894-ndmmz Total loading time: 0 Render date: 2024-06-01T00:55:26.938Z Has data issue: false hasContentIssue false

HICEE BV v. Slovak Republic

Permanent Court of Arbitration.  23 May 2011 ; 23 May 2011 .

Published online by Cambridge University Press:  22 November 2021

Get access

Abstract

Investment — Interpretation — Ordinary meaning — VCLT, Article 31 — Whether the definition of investment was intended to cover a broad range of investments — Whether the definition of investment depended on the type of investment — Whether the definition of investment depended on the way in which an investment was made

Interpretation — Meaning of “directly” — VCLT, Article 31 — Ordinary meaning — Good faith — Context — Object and purpose — Whether an ordinary meaning of the term “directly” could be ascertained — Whether “directly” referred to an investment’s origin or its connection with an investor

Interpretation — Supplementary means of interpretation — Travaux préparatoires — Circumstances of conclusion — VCLT, Article 31 — VCLT, Article 32 — Explanatory notes — Agreed minutes of formal consultations — Whether recourse to supplementary means was required — Whether certain supplementary means of interpretation were admissible

Interpretation — Ambiguous or obscure meaning — Manifestly absurd or unreasonable result — VCLT, Article 31 — VCLT, Article 32 — Whether the method under Article 31 of the VCLT left the meaning of a term ambiguous or obscure — Whether the method under Article 31 of the VCLT led to a result which was manifestly absurd or unreasonable

Most-favoured-nation treatment — Jurisdiction — Investment — Whether a most-favoured nation clause was limited to substantive protections — Whether a most-favoured nation clause could expand the definitions of investor or investment

Admissibility — Shareholder claims — Whether a shareholder could seek damages caused to its subsidiary by the treatment of other companies in which that subsidiary held shares

Costs — UNCITRAL Rules, Article 40 — Whether costs of arbitration should be borne by the unsuccessful party — Whether apportionment of the costs of arbitration was reasonable taking into account the circumstances

Type
Case Report
Copyright
© Cambridge University Press 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)