Case Committee 2018

Each year's FDI Moot Case Committee begins its work the preceding June. Liaising with the FDI Moot's Board and Organisers, it develops a fact scenario and procedural background. Generally, the case evolves on the basis that the home and host State are parties to an IIA (BIT, MIT, etc), the New York Convention of 1958 and the Washington (ICSID) Convention of 1965.Generally, each year's case will involve one or two "procedural" issues (e.g. jurisdiction, admissibility, interim measures, disqualification of arbitrator) and one or two "substantive" issues (e.g. expropriation, denial of justice, discriminatory treatment, violation of fair and equitable treatment and/or full protection and security standards). The Case Committee submits its final draft to the FDI Moot Organisers and Board for approval at the end of the preceding year, and the case is then published in February each year. The Case Committee remains responsible for responding to any requests for clarification (if scheduled) between June and August of each year.

The 2018 case arises from the Government of Kronos inviting a foreign (ostensibly Ticadian) mining company to exploit rare earth deposits of “lindoro” - until a few years later, a scientific study indicating water contamination from the mine (and injury to human health) along with a political ideology to repatriate control of key economic sectors prompt, inter alia, an immediate prohibition of lindoro mining, termination of the Claimant’s concession and the complete collapse its business.

The SCC Tribunal is asked to examine the Claimant’s nationality with respect to the BIT invoked, the admissibility of its claims (in light of the BIT’s “fork in the road” clause) and the Respondent‘s counter-claims as well as adjudicate the scope of the parties’ respective obligations, in particular with regard to expropriation, protection of the environment and human health under the Kronos Ticadia BIT.

The 2018 Case is available NOW!

María Pía Alais
Prakshal Jain
Julia Therese Pineda
Bernardo Rohden Pires
Elis Wendpap

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