Summary

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

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Case Report (free download)

Case Report by Carla Martini, edited by Ignacio Torterola

Summary

Claimant brought an action for relief against the Dominican Republic pursuant to the Agreement Establishing the Free Trade Area between the Caribbean Community ('CARICOM') and the Dominican Republic (the 'Agreement' or the 'Treaty'). Claimant alleged that the Dominican Republic had breached, inter alia, expropriation, fair and equitable treatment, full protection and security, non-discrimination, and most-favoured nation ('MFN') obligations under the aforementioned Agreement. The Tribunal decided to have a phase of the proceedings to address Respondent's jurisdictional objections. The Tribunal decided to have jurisdiction over the dispute, and deferred the adoption of the decision on costs.

Main issues

consent to international arbitration under the Agreement Establishing the Free Trade Area between the Caribbean Community and the Dominican Republic, as well as the protection of indirect investments and investors under the Agreement.

Michael Anthony Lee-Chin v Dominican Republic - ICSID Case No. UNCT/18/3 - Partial Award on Jurisdiction and Dissenting Opinion of Prof. Marcelo Kohen - 15 July 2020

Case report provided by International Arbitration Case Law (IACL)

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