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The International Centre for Settlement of Investment Disputes Decision on Respondent's Objections to Jurisdiction

By Caron, David D.

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Book Id: WPLBN0000214123
Format Type: PDF eBook
File Size: 6.4 MB
Reproduction Date: 2005

Title: The International Centre for Settlement of Investment Disputes Decision on Respondent's Objections to Jurisdiction  
Author: Caron, David D.
Volume:
Language: English
Subject: Economics, Finance & business, World Bank.
Collections: Economics Publications Collection
Historic
Publication Date:
Publisher: The World Bank

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Caron, D. D. (n.d.). The International Centre for Settlement of Investment Disputes Decision on Respondent's Objections to Jurisdiction. Retrieved from http://www.netlibrary.net/


Description
Economics

Excerpt
Introduction and Summary 1. The Claimant in this proceedmg is Aguas del Tunari, S.A. (AdT), a company organized under the laws of Bolivia. -- 2. AdT, under the Contract for Concession of Use of Water and for the Public Potable Water and Sewer Service for the City of Cochabamba (the Concession) concluded in September 1999 and by other contracts related to this Concession, received the right to provide water and sewage services for the city of Cochabamba, Bolivia. By early April 2000, the Concession had ceased to be effective. -- 3. AdT claims the Republic of Bolivia (Bolivia) through various acts and omissions leading up to, and including, the rescission of the Concession in April 2000, breached various provisions of a bilateral investment treaty, namely the Agreement on Encouragement and Reciprocal Protection of Investments Between the ISingdom of the Netherlands and the Republic of Bolivia (the Netherlands-Bolivia BIT or BIT).' -- 4. AdT initiated this proceeding against Bolivia before the International Centre for Settlement of Investment Disputes (ICSID) invoking the Netherlands-Bolivia BIT as the basis of jurisdiction. -- 5. Bolivia has raised a number of objections to the jurisdiction of the Tribunal including arguments that Bolivia did not consent to ICSID jurisdiction and that AdT is not a Dutch national as defined by the BIT. -- 6. The Parties agreed that these objections should be considered as a prelimmary matter. -- 7. In this Decision, the Tribunal concludes that the present dispute is within the jurisdiction of the Centre and the competence of the Tribunal.

 

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