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Country X v. A___
Published online by Cambridge University Press: 10 January 2023
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
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