States are not automatically liable for uprisings, revolts, war or turmoil, as well as damages arising from those occurrences. Rebellious groups are not part of governments, and a direct responsibility may not as such be assumed.
This said, in the following cases, a foreign investor may be entitled to compensation:
- requisitioning of its investment or part thereof by the forces or authorities of the other Contracting Party; or from
- destruction of its investment or part thereof by the forces or State authorities, which was not required by the military necessity of the situation,
Relevant Experience of BODENHEIMER Attorneys
Axel Benjamin Herzberg and Dr Rouven F Bodenheimer routinely advise both, investors and governments on international investment law issues. Mr Herzberg also handled a number of ISDS cases as Deputy Counsel at the Secretariat of the ICC International Court of Arbitration in Paris.
Dr Nicolas Klein worked for German Federal Constitutional Court Justice Professor Dr Andreas Paulus, himself a renowned public international law specialist who represented Germany, inter alia, before the International Court of Justice in the LaGrand case against the United States. Both, Dr Klein’s doctoral thesis and his LL.M. studies at Columbia University (New York) revolved around issues of international investment law, in particular the scope of application ratione personae of bilateral investment treaties.
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