Legal Material

Teco Guatemala Holdings Limited Liability Company v Guatemala, Award, ICSID Case No ARB/10/17, IIC 623 (2013), despatched 19th December 2013, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

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Whether Teco’s claim involved a mere regulatory disagreement under domestic law or amounted to an international claim under the DR-CAFTA.

Whether the fair and equitable treatment, qualified under the DR-CAFTA by reference to the international minimum standard, protected the investor’s legitimate expectations.

Whether the behaviour of the Guatemalan regulator was arbitrary or lacking in due process so as to breach fair and equitable treatment.

Whether Teco’s damages claim for loss of value of its shareholding was sufficiently proved or was too speculative.

Keywords: Jurisdiction of arbitral tribunals; Subject matter of the dispute (and jurisdiction); Standards of treatment; Administrative irregularity; Arbitrary (unreasonable) & discriminatory treatment standard; Fair and equitable treatment standard; Good faith; International minimum standard; Legitimate expectations; Applicable law; Relationship of international law & host state law; Conduct of proceedings; Consolidation of claims; Precedent; Remedies and costs; Compensation; Costs and expenses; Damages; Damages, lost profits; Depreciated replacement value method; Discounted cash flow (DCF), anticipated future profits; Interest; Interest, rate of; Interest, post-award; Interest, pre-award

Legal Material.  57895 words. 

Subjects: Public International Law ; International Law ; Arbitration ; Law

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