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2007
Foresti v. South Africa Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)
Nationality of the parties
South Africa
Italy

Luxembourg
Summary of matters at issue
Common law mineral rights leased or owned by certain operating companies in which the claimants had interests.
Claims arising out of the alleged extinction of certain old order mineral rights held by the claimants by the entry into force of the Mineral and Petroleum Resources Development Act, and the introduction of compulsory equity divestiture requirements with respect to the investors' shares in certain operating companies.
Economic sector and subsector
Primary: B - Mining and quarrying
8 - Other mining and quarrying
Arbitral rules and administering institution
ICSID AF (ICSID Additional Facility)
ICSID (International Centre for Settlement of Investment Disputes)
Composition of tribunal
Lowe, V.
Brower, C. N.
Matthews, J. M.
Status/Outcome of original proceedings
Discontinued
Amount of compensation
375.00 mln USD
Data not available
IIA breaches alleged/found
Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Other
Not applicable - settled or discontinued before decision on liability
Follow-on proceedings
None
Link to Italaw's case page