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The Decision On Jurisdiction In Tokios Tokeles V. Ukraine

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Chapter Summary

The dispute in Tokios Tokeles v. Ukraine is among the cases in which the tribunal had confirmed its jurisdiction, despite objection. The critical part of the decision on jurisdiction and the dissenting opinion both focused on the nationality of the investor. This chapter presents the relevant facts, the pertinent legal provisions, the problematic issues, and the controlling and dissenting opinions. It focuses exclusively on the patterns of reasoning employed by the tribunal. Regardless of the authorities under which Tokeles is decided, sufficient reasoning is indispensable. De facto precedents cannot be relied upon as per se principles that obviate the need for adequate reasoning. On the basis of the aforementioned notion, it seems that the decision on jurisdiction meets the minimum reasoning requirement except in the part dealing with the doctrine of piercing the corporate veil.

Keywords: De facto; dispute; investor; jurisdiction; pertinent legal provisions; Tokios Tokeles V. Ukraine; tribunal



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