Venezuela Holdings BV and ors v Venezuela, Award, ICSID Case No ARB/07/27, IIC 656 (2014), despatched 9th October 2014, World Bank; International Centre for Settlement of Investment Disputes [ICSID]
On what basis the Tribunal had to determine whether the claims originated prior to the restructuring of Claimants’ investments that provided access to International Centre for the Settlement of Investment Disputes arbitration through the BIT.
Whether a prior commercial arbitration award had any impact on the arbitral proceedings under the BIT.
Whether import of investment agreements in the BIT’s choice of law clause relieved the respondent state from its obligations to comply with the BIT.
Whether failure to pay compensation was sufficient to establish unlawful expropriation under the BIT.
Whether a good faith attempt to negotiate compensation for expropriation was sufficient to comply with the requirements for lawful expropriation under the BIT.