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HICEE v. THE SLOVAK REPUBLIC (Decision on Jurisdiction and Challenge), by Stephanie Early and Heather Clark

posted Jul 5, 2012, 8:12 AM by IACL

In Partial Award rendered on 23 May 2011, the Tribunal held that it did not have jurisdiction! to! hear! a! Dutch! company’s claim, which concerned its interests in two Slovak companies held through a Slovak corporate intermediary, under the bilateral investment! treaty between the Netherlands and the Slovak Republic. The Tribunal admitted supplementary interpretive materials which did not fit within the categories of material listed in Articles 31 or 32 of the Vienna Convention on the Law of Treaties. However, the Tribunal determined that the supplementary means of interpretation listed in Article 31 and 32 of the Vienna Convention are mere examples. with the necessary implication that the category of admissible supplementary is not a closed one.