Hi Irit   and Paul :

Please be advised that there is no reference to Société Ouest Africaine des Bétons Industriels v. Senegal, ICSID Case No. ARB/82/1, Award, 25 February 1988 [French] in Waste Management Inc. v. United Mexican States II, ICSID Case No. ARB(AF)/00/3, Decision on Mexico's Preliminary Objection concerning the Previous Proceedings, 26 June 2002.  (References to Page 110 and Page 111).

Paul: 

Is there a reason why the reference to DSV Silo- und Verwaltungsgesellschaft mbH v. Owners of the Sennar and thirteen other ships (The Sennar) [1985] 2 All ER 104 has been uploaded under IN/0013/01?

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It might have been uploaded as a batch, but I am not sure. I did not find it on the Jurisprudence Citator Master List. 

If you confirm it's been an error, I'll delete it from the admin site, and mark this task as complete after the changes are reflected on the Live Site.

Thanks,

Nafiseh

Hi Nafiseh and Irit :

It is one of those older documents, so I am not sure what happened.

Nafiseh is right that there is no reference to IN/0013/01. Let's create an UIN for  DSV Silo- und Verwaltungsgesellschaft mbH v. Owners of the Sennar and thirteen other ships (The Sennar) [1985] 2 All ER 104 and change those entries from IN/0013/01 to the NU UIN for DSV Silo.

Thanks,

Paul

Also, this is going beyond our usual protocol, but paragraph references for IN/0013/01 are inconsistent: paragraph 17 v. paragraph 4.10. 

ISLG reformatted this document and paragraph numbers are in 4.10 style, not 17. Could you also change the 8 references above in whole number (e.g., 17).

Thank you,

Paul

Hi Paul ,

Thanks for the comment.

I wonder if DSV Silo- und Verwaltungsgesellschaft mbH v. Owners of the Sennar and thirteen other ships (The Sennar) [1985] 2 All ER 104 should be assigned a UIN. I was thinking that this reference should have been highlighted dark blue, and therefore, the reference to it need not be uploaded. Please let me know if you think otherwise.

Thanks,

Nafiseh

Hi Nafiseh :

If you read the paragraph where the reference is found, the tribunal is discussing its treaty jurisdiction and res judicata. Even though the English decision does not directly refer to an int'l legal instrument, this is a case where we capture a national court decision. Generally, we would exclude national court decisions, but we will consider capturing if it deals with an area of investment arbitration (whether jurisdiction or specific legal instrument). Another reason why I am inclined to include this is due to Waste Management II's "early" stage of investment arbitration (2002) when there were not a lot of other investment jurisprudence to refer to. You'll see older cases referring more to the Iran-U.S. tribunal, ICJ/PCIJ and other jurisprudence.

Thanks,

Paul

Nafiseh , Paul   I'm not sure how/when the reference to
IN/0013/01 Société Ouest Africaine des Bétons Industriels v. Senegal, ICSID Case No. ARB/82/1, Award, 25 February 1988 [French] was uploaded for the JP Citator DCD for AF/0003/01 Waste Management Inc. v. United Mexican States II, ICSID Case No. ARB(AF)/00/3, Decision on Mexico's Preliminary Objection concerning the Previous Proceedings, 26 June 2002.  (References to Page 110 and Page 111). I checked the original DCD for AF/0003/01.  It's not in there.

I will wait for DSV Silo- und Verwaltungsgesellschaft mbH v. Owners of the Sennar and thirteen other ships (The Sennar) [1985] 2 All ER 104 to be added and will then make corrections. 

Paul   I went through the other Paragraph references as you had requested.  It turns out the wrong UIN was entered on the JP Citator Master spreadsheet.  Those paragraphs were referring to IN/0004/01 Kaiser v. Jamaica Decision on Jurisdiction and Competence. Corrections have been made on the Admin Site and on the JP Citator Master.
Here is IN/0013/01
Link to Live Site
https://www.investorstatelawguide.com/ResearchTools/JurisprudenceCitators?id=11&type=&disputeID=1367200&cidsp=1367200&sort=

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Hi Irit :

Waste Management was probably uploaded in word format before I started. Yes, please wait until Nafiseh assigns an UIN for DSV Silo. 

Thanks for moving wrong entries to IN/0004/01. 

Paul

Paul ,  
Thanks. Will do.

Hi Irit , Paul and Nafiseh ,

Is this to-do resolved?

Morgan

Yes, Morgan . I checked it, and I see that the issue is resolved. 

Great. Thanks Nafiseh ​.

Morgan