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Court of Cassation finds that a BIT's limitation period relates to admissibility, not jurisdiction


Introduction
France s top court has reinstated a $1.58 billion arbitration award rendered in investment treaty proceedings between Canadian gold miner Rusoro and Venezuela.
In its 31 March 2021 decision,(1) the Court of Cassation accepted Rusoro s argument that the limitation period for bringing a claim under the Canada-Venezuela Bilateral Investment Treaty (the Canada-Venezuela BIT) was a question of admissibility and not of the tribunal s jurisdiction to hear the dispute. Accordingly, the Court of Cassation quashed the Paris Court of Appeal s previous ruling that had reached the opposite conclusion.
The Court of Cassation s decision guides the future review of arbitral awards by the French courts and adds to the longstanding discussion in investment treaty arbitration about the distinction between the admissibility of a claim and the jurisdiction of an arbitral tribunal. By deciding that the issue of whether the claims were time barred was a question of admissibility ....

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Statutory damages under Aviation Services Law cannot be claimed in class actions


Introduction
In August 2020 the Central District Court dismissed several requests for the certification of various class actions which had been filed against different airlines on the basis that statutory damages under the Israeli Aviation Services Law (ASL) (Compensation and Assistance for Flight Cancellation or Change of Conditions) 2012(1) cannot be claimed in class actions.
In all of the class action requests, similar responses were raised by the airlines. The main argument was that according to the Class Action Law 2016, the court cannot award compensation where proof of damage is not required.
Preliminary motions
In some of the cases, the airlines filed a preliminary motion to dismiss the certification motion prior to filing a response to the merits. In some cases, this preliminary argument was raised within the response. ....

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