Gold Reserve Inc. v. Bolivarian Republic of Venezuela

Abstract

State immunity — State Immunity Act 1978 — Award — Enforcement — Venezuela seeking to set aside order granting Canadian claimant company leave to enforce arbitration award — Whether Venezuela entitled to State immunity under Section 1 of Act — Venezuela party to 1998 Bilateral Investment Treaty with Canada — Whether Venezuela losing right to rely on State immunity — Whether serving of arbitration claim form required under Section 12 of Act

Arbitration — Award — Enforcement — Canadian claimant company seeking to enforce arbitration award against Venezuela — Venezuela party to 1998 Bilateral Investment Treaty with Canada — Whether Venezuela entitled to State immunity under Section 1 of State Immunity Act 1978 — Whether Venezuela losing right to rely on State immunity

Treaties — Interpretation — Canada–Venezuela Bilateral Investment Treaty, 1998 — Meaning of “investor” — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Ordinary meaning of “investor” in context and in light of object and purpose of Treaty — Whether Canadian claimant company “investor” within meaning of Treaty — Whether party to agreement to arbitrate — Whether Venezuela losing right to rely on State immunity — The law of England