Hostname: page-component-5c6d5d7d68-txr5j Total loading time: 0 Render date: 2024-08-15T08:23:09.884Z Has data issue: false hasContentIssue false

Compañía del Desarrollo de Santa Elena, SA v. Republic of Costa Rica

ICSID (Arbitration Tribunal).  17 February 2000 ; 08 June 2000 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Applicable law — Internal or international law — No requirement that agreement as to applicable law be in writing or express — Article 42(1) of icsid Convention applies in absence of agreement — Internal law and rules of international law applicable — Substance of internal law consistent with international law — International law prevails if any inconsistency — International law controlling in light of parties’ divergent positions

Expropriation — Purpose of expropriation does not alter legal character of taking — State’s obligation to pay adequate compensation remains — Determination of date of expropriation — Date on which “interference” deprive downer of rights — Practical and economic use of property irretrievably lost — Property ceased to have resale value

Valuation — Fair market value calculated by reference to “highest and best use” — Factors arising after date of expropriation excluded — Tribunal cannot perform appraisal after twenty years — Requirement to make assessment of parties’ conflicting valuations — Reasonable and air approximation of value

Compensation — Amount should reflect additional sum money would have earnedhadit been reinvested at generally prevailing rates of interest

Interest — No uniform rule on determination of interest — Product of exercise of judgment in light of circumstances and considerations of fairness — Amount should reflect additional sum money would have earned had it been reinvested at generally prevailing rates of interest — Not purpose of compound interest to attribute blame or punish delay in compensation — Compound interest ensures compensation is appropriate — Simple interest inappropriate when owner unable to use or sell property over many years — Full compound interest inappropriate when owner remains in possession and is able to exploit to limited extent

Type
Case Report
Copyright
© Cambridge University Press 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)