Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-06T12:14:40.659Z Has data issue: false hasContentIssue false

Casado and President Allende Foundation v. Republic of Chile

ICSID (Arbitration Tribunal).  25 September 2001 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Provisional measures — Whether objection to jurisdiction precludes recommendation of provisional measures — Registration by Secretary-General under Article 36 of icsid Convention — Whether registration “unless dispute manifestly outside jurisdiction” same as prima facie jurisdiction — Extent of jurisdiction to grant provisional measures

Provisional measures — Whether binding — Article 41 of icj Statute — Authority of icj’s decision in LaGrandicsid Convention, Article 47 — Arbitration Rules, Rule 39

Provisional measures — To preserve rights of parties — No evidence of existing right — Whether “hypothetical” right may be protected by provisional measures

Municipal law — Provisional measure of Tribunal said to interfere with ministerial decision — Municipal law not binding on international tribunal — Exercise of discretion

Expropriation — Provisional measures to preserve property claim — Claim “generic” and unrelated to specific assets — Whether provisional measures necessary

Provisional measures — State of tension between parties — Duty of Tribunal proprio motu to ensure no action taken which may prejudice rights of the other party or aggravate or extend dispute

Costs — Provisional measure for security for costs — Alleged probability of unsuccessful claim — Claimant alleged to be without means — Whether provisional measure required to protect Respondent’s interests — Failure of Convention and Rules to provide for security for costs

Type
Case Report
Copyright
© Cambridge University Press 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)