Tradex Hellas SA v. Republic of Albania

Abstract

Applicable law — Bilateral investment treaty — Interpretation of applicable domestic legislation

Municipal law — Interpretation — Definition of “investor” — Date of entry into force — Retroactive application of substantial and procedural provisions — Succession of new legislation providing for different methods of dispute settlement — Unilateral consent to icsid jurisdiction by Contracting State in its national laws — Consent effective when claim filed

Jurisdiction — Consent — Unilateral consent given by Contracting State in its law — Requirement of prior good faith effort to settle dispute amicably

Procedure — Ruling allowing parties four weeks to file post-hearing memoranda, but no new documents to be submitted — Party’s attempt to submit additional correspondence rejected

Procedure — Witness testimony based on forged documents — Testimony allowed but Tribunal to assess probative value after cross-examination — Objections to evidence not relevant to merits of claim

Procedure — Burden of proof on Claimant — Articles 33 to 37 of the icsid Convention — Evidentiary value of unsworn witness statement

Foreign investment — Burden of proof — Broad definition in the applicable law — Sources of finance irrelevant for this purpose

Expropriation — Indirect taking or measure of tantamount effect — Compulsory transfer of property rights — Privatization of farming co-operatives — Government decision in principle to transfer and privatize land — Invasion of property by villagers while decision pending — Alleged damage by animals and occupation leading to failure of joint venture — Dissolution of joint venture — Combined impact of incidents did not constitute expropriation

Costs — Claim not frivolous in view of the difficult issues of fact and law — No order for costs