Lao Holdings NV v Lao Peoples Democratic Republic - ICSID Case No. ARB(AF)/12/6 - Award - 6 August 2019
Country
Year
2019
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 Runyang Liu, Editor Diego Luis Alonso Massa
Summary
A Dutch investor, Lao Holdings N.V., brought an action for relief against the Government of Laos pursuant to the Agreement on Encouragement and Reciprocal Protection of Investments between the Lao People's Democratic Republic (PDR) and the Kingdom of the Netherlands (the "Laos-Netherlands BIT", or the "BIT"), alleging, inter alia, expropriation. The Tribunal found that the Claimant had not established these allegations on factual basis and found bad faith in Claimant's conduct, and thus dismissed the claims with costs awarded to the Respondent.
Main issues
Burden of proof for claims of bribery and corruption, bad faith.
Case report provided by International Arbitration Case Law (IACL)
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