Allard v Barbados, Award, PCA Case No 2012-06, ICGJ 506 (PCA 2016), 27th June 2016, Permanent Court of Arbitration [PCA]
Whether the Claimant had met the burden of proof in establishing that environmental degradation had occurred at an eco-tourism site in Barbados (‘the Sanctuary’) between 1996 and 2009.
Whether the Claimant had met the burden of proof in establishing that any environmental degradation at the Sanctuary site between 1996 and 2009 was attributable to environmental mismanagement by the Respondent.
What standard of treatment was required under the fair and equitable treatment standard established under Article II(2) of the Agreement of 29 May 1996 between the Government of Canada and the Government of Barbados for the Reciprocal Promotion and Protection of Investments (‘Canada/Barbados BIT’).
What standard of treatment was required under the full protection and security guarantee established under Article II(2) of the Canada/Barbados BIT.
Whether the conduct of the Respondent amounted to an indirect expropriation under Article VIII of the Canada/Barbados BIT.