American Manufacturing & Trading, Inc. v. Republic of Zaire

Abstract

Jurisdiction — Competence of icsid and the Tribunal — Article 25 prerequisites of icsid competence — Legal dispute arising out of investment — Dispute arising between Contracting State and national of another Contracting State — Consent to submit dispute to Centre

Non-appearance — Absence of representation on the part of Zaire — Oral phase inevitable — Issues of competence and merits joined

Treaties — Alleged violation of 1984 Zaire–US Bilateral Investment Agreement — Requirement of consultation and negotiation

State responsibility — Obligation of protection and security of investment — Measures necessary to ensure full enjoyment of rights — Zaire responsible for inability to prevent consequences

Expropriation — No expropriation found — Failure to respect minimum standard of treatment — Soldiers acted individually — Armed forces not found to have expropriated property

Compensation — Method of calculating compensation — What is plausible and realistic in the circumstances — Not reasonable to expect same levels of compensation as in Switzerland or Germany