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LIBANANCO v. TURKEY (Decision on Jurisdiction), by Daniel Brawn

posted Oct 4, 2011, 5:36 PM by IACL

In a decision on jurisdiction rendered on 2 September 2011, the Tribunal upheld the Respondent’s objections to the tribunal’s jurisdiction (taken as a preliminary issue) and dismissed all the Claimant’s claims in the arbitration. The Tribunal reached this decision on the basis that the Claimant had not proved that it owned the investments upon which the claim was founded before the relevant date which would have given the Tribunal jurisdiction. However, the Tribunal gave some brief comments on two of the remaining preliminary issues, to help those who confront them in future.