Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama - ICSID Case No. ARB/16/34 - Decision on Expedited Objections - 13 December 2017

Country
Year

2017

Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).


Case Report (free download)

Case Report by Aikaterini Strataridaki, Editor Ignacio Torterola

Summary

The Respondent filed Expedited Objections against the Claimants pursuant to the US-Panama Trade Promotion Agreement (TPA) alleging that the subject-matter of the Claimants' application cannot be examined by the Tribunal. The Tribunal dismissed all five objections raised by Panama, but upheld the second Objection regarding damage alleged to have been sustained outside Panama and upheld the fifth Objection as far as the second Claimant was concerned.

Main issues

Qualifying investment; dispute arising directly out of an investment; benefits provided under the TPA; abuse of process, claims based on hypothetical actions of other States.

Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama - ICSID Case No. ARB/16/34 - Decision on Expedited Objections - 13 December 2017

Case report provided by International Arbitration Case Law (IACL)

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