Global Trading Resource Corp. and Globex International Inc. v. Ukraine

Abstract

Procedure — Summary dismissal — ICSID Arbitration Rule 41(5) — Manifestly without legal merit — Whether the tribunal had all relevant materials to make a decision — Whether the tribunal could dispose of the objection to jurisdiction clearly with relative ease

Jurisdiction — Investment — ICSID Convention, Article 25 — Double-barrelled test — Whether the scope of investment under the ICSID Convention and definition of investment under the BIT comprised two separate requirements

Jurisdiction — Investment — Contract — ICSID Convention, Article 25 — Whether contracts for the sale and purchase of consumer goods satisfied the objective and autonomous concept of investment — Whether undertakings by State officials transformed the contracts into a protected investment

Jurisdiction — Investment — Contract — Whether contracts satisfied the definition of investment under the BIT as claims for money associated with an investment — Whether contracts satisfied the definition of investment under the BIT as rights conferred by law or contract