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 Arno Janssens, Amine Khaliss. Editor: Ignacio Torterola

Summary

The Dutch, Spanish, and Belgian subsidiaries of the Kimberly Clark Group initiated arbitration against Venezuela under the ICSID Additional Facility Rules alleging breaches of fair and equitable treatment, full protection and security, most-favoured nation clauses, and safeguards against expropriation. Following bifurcation, the Tribunal declined jurisdiction for lack of consent on the part of Venezuela to arbitrate under the AF Rules. Under the Dutch and Spanish BITs, AF arbitration was only accessible until Venezuela acceded to the ICSID Convention. Later denunciation by Venezuela of that Convention was immaterial. Under the Belgian BIT, recourse was only available to ICSID Convention or UNCITRAL arbitration.

Main issues

Interpretation of BIT clauses giving conditional access to arbitration under the ICSID Additional Facility Rules

Kimberly-Clark v Venezuela - ICSID Case No. ARB(AF)/18/3 - Award of the Tribunal - 5 November 2021

Case report provided by International Arbitration Case Law (IACL)

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