Summary

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Case Report (free download)

Case Report by Annalisa Ciampi, Editor: Ignacio Torterola

Summary

Claimants brought an action for relief against the Dominican Republic pursuant to the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) and the UNCITRAL Rules, alleging that certain environmental regulations established by the Dominican Republic violated their rights under the DR-CAFTA in relation to their investment in a luxury residential housing project located in the Dominican Republic. After hearing the jurisdictional objection together with the merits of the claim, the Tribunal determined by majority that it lacked jurisdiction because the Claimants' Dominican nationality was effective and took precedence over their American nationality.

Main issues

Determination of "dominant and effective nationality" of dual nationals under the DR-CAFTA.

Michael Ballantine - Lisa Ballantine v Dominican Republic - CAFTA-DR - PCA 2016-17 - Final Award including Dissenting Opinions - 03 September 2019

Case report provided by International Arbitration Case Law (IACL)

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