Wednesday, May 4, 2011

Mondev International Ltd. v. United States of America

Mondev International Ltd., a Canadian real-estate development corporation, has submitted a claim under the ICSID Additional Facility Rules on its own behalf for losses allegedly suffered by Lafayette Place Associates ("LPA"), a Massachusetts limited partnership it owns and controls. Mondev alleges that these losses arise from a decision by the Supreme Judicial Court of Massachusetts and from Massachusetts state law.
Mondev alleges that Massachusetts' statutory immunization from intentional tort liability of the Boston Redeveloment Authority is incompatible with international law, and that the decision of the Supreme Judicial Court was arbitrary and capricious and amounted to a denial of justice. Mondev also alleges that the United States failed to meet its Chapter Eleven obligations by not according LPA national treatment (Art. 1102); by not according it treatment in accordance with international law (Art. 1105); and by expropriating its investment without compensation (Art. 1110). Mondev claims damages of not less than $50 million.
On October 11, 2002, the tribunal issued an award dismissing all claims against the United States.

Source: http://www.state.gov/s/l/c3758.htm

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