Michael Ballantine - Lisa Ballantine v Dominican Republic - CAFTA-DR - PCA 2016-17 - Laudo Final - Opiniones Disidentes - Spanish - 03 September 2019
Country
Year
2019
Summary
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.
Case report provided by International Arbitration Case Law (IACL)
More Case Reports?
You can find all TDM IACL Case Reports here.