Arbitration Case Alert

Swiss Supreme Court upholds award that declined jurisdiction over dual national against Venezuela

20.03.2025

Case number: 4A_466/2023 (19 March 2025)

Swiss Supreme Court upholds award that declined jurisdiction over dual national against Venezuela

In Decision 4A_466/2023, the Swiss Supreme Court upheld an award in which the tribunal had declined jurisdiction over a Spanish-Venezuelan investor making a claim under the Spain-Venezuela BIT, concluding that, given the treaty's silence on the issue of dual nationals and based on the findings of fact in the award, the arbitral tribunal had rightly determined the claimant's dominant and effective nationality to be that of Venezuela.

 

 

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