Country X v. A___

Abstract

Arbitration — Arbitration tribunal — Jurisdiction — Arbitration Tribunal of Permanent Court of Arbitration — Arbitration Tribunal seated in Geneva — Dispute between respondent and State X — 1998 Bilateral Investment Treaty between State X and State Y providing basis for arbitration — Arbitration Tribunal finding it had jurisdiction to adjudicate dispute — Civil law appeal against jurisdiction — Deposit for legal representation costs arising from appeal — Hague Convention on Civil Procedure, 1954, Article 17 — Whether States could rely on Article 17 precluding an obligation to make a deposit for legal representation costs — Treaty interpretation — Subsequent agreements — State’s unwillingness to submit to enforcement action — Insolvency

Treaties — Interpretation — Hague Convention on Civil Procedure, 1954 — Article 17 — Meaning of term “nationals” — Whether including Contracting States — Obligation to make deposit for costs for legal representation — Whether obligation could be imposed on foreign State — Subsequent international agreements — Effect

Jurisdiction — Civil proceedings in Switzerland — Whether State X submitting to jurisdiction of court in a foreign State — Hague Convention on Civil Procedure, 1954 — Article 17 — Obligation to make deposit for costs for legal representation — Whether obligation could be imposed on foreign State — The law of Switzerland