Nater Dallafior Partners Mladen Stojiljković and Nino Sievi, together with Senior Associate Tobias Thaler, have co-authored an analysis of a recent decision of the Swiss Federal Supreme Court concerning the interpretation of the investment requirement under the ASEAN–Australia–New Zealand Free Trade Area (AANZFTA).
The Swiss Federal Supreme Court upheld a tribunal's decision declining jurisdiction, holding that the treaty's investment protection required the Claimant to have made a qualifying economic contribution, rather than merely owning or controlling an asset. The decision is particularly noteworthy as it confirms that a contribution requirement may be implied from a treaty's definition of "investment" and may therefore be relevant to other similarly worded investment treaties and corporate restructurings.
The case also illustrates the scope of Swiss judicial review in investment arbitration: while questions of law relating to arbitral jurisdiction are reviewed fully, the tribunal's factual findings will remain binding.
Read more here: https://lnkd.in/eWz7pCeK
