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Case report (free download)
Case Report by Diana Moise and Victoria Ritah Nalule
In the Award rendered on 13 September 2016 in the resubmission proceedings, the Tribunal dismissed the Claimants' request for compensation. The First Tribunal's decision established a breach of the fair and equitable treatment obligation under the 1994 Spain-Chile Bilateral Investment Treaty. Following the decision of the ad hoc annulment Committee, the Tribunal in the case at hand was confined to rule on the nature and quantum of compensation. Since the Claimant did not meet the burden of proof of damage or injury, the Tribunal rejected its claims to compensation. The subsidiary argument relying on unjust enrichment following the dispossession of the property was also rejected for falling outside the scope of the present proceedings. Furthermore, the moral damage claim was found groundless due to the failure to prove material damage.
Award - resubmission proceedings; Burden of proof; Ratione temporis, res judicata; Unjust enrichment, Moral damage.
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