Aguas del Tunari SA v. Republic of Bolivia

Abstract

Procedure — Participation of third parties in ICSID proceedings — Amicus curiae petitions — Whether consent of parties is necessary to admit petitions — Powers of ICSID tribunal in case of third-party petitions

Procedure — Request for postponement of hearing — Whether sufficient cause exists to postpone hearing

Evidence — ICSID Convention, Article 43 — Discretion of tribunal in ordering production of evidence — Tribunal's considerations in ordering the production of evidence

Jurisdiction — Interplay between forum selection clauses — Consent to ICSID jurisdiction — Tribunal's duty to exercise jurisdiction — Claims under investment contracts — Whether dispute settlement clause in contract precludes ICSID jurisdiction — Whether ambiguous clause may imply a waiver of jurisdiction

Jurisdiction — Whether change of incorporation bars jurisdiction — Corporate migration — Applicable law for the evaluation of the legal status of a company — Corporate restructure without host State's consent — Whether transfer of ownership bars jurisdiction — Legal effect of statements by State party to BIT — ICSID Convention, Article 25(1) and (3)

Foreign investment — Investor — National for purposes of ICSID jurisdiction — Foreign control — Meaning of “controlled directly or indirectly” — Legal potential to control and exercise of actual control — Whether majority ownership is sufficient to demonstrate “control” — Whether “control” requires demonstration of effective control — Control as quality of ownership interest