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Case report (free download)
Grupo Francisco Hernando Contreras, S.L. v. República de Guinea Ecuatorial (ICSID Case No. ARB(AF)/12/2) - Award
Case Report by Lucas Loviscek, editor Diego Luis Alonso Massa
In the Award rendered on December 4, 2015, which was accompanied by a dissenting opinion by the Claimant-appointed arbitrator, the Tribunal decided that it did not have jurisdiction to hear the dispute between Grupo Francisco Hernando Contreras, S.L. and the Republic of Equatorial Guinea because Claimant did not demonstrate that the alleged investments were made in conformity with the host State laws, as required by the Agreement between the Kingdom of Spain and the Republic of Equatorial Guinea on the Reciprocal Promotion and Protection of Investments (“APPRI” or “BIT”). The Tribunal asserted that, for that reason, Claimant could not be deemed an investor protected under the aforementioned treaty.
However, the Tribunal rejected Equatorial Guinea’s additional objections to jurisdiction, which were that (1) the Agreement had not entered into force between the parties; 2) the parties had not consent to submit the dispute to international arbitration; 3) Equatorial Guinea State courts had jurisdiction to hear the dispute and 4) there existed no legal dispute between the Parties.
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