Heemsen of its intention to expand the state port, both parties began negotiations to transfer to the state a part of La Salina. In May 2011, after the Venezuelan port state-owned company “Bolivariana de Puertos S.A.” informed Messrs. Enrique Heemsen Velazco, was recognized and treated as a German national by the German authorities, despite also having been born in Venezuela (¶ 172). Enrique and Jorge Heemsen Sucre (¶¶ 63-71), both born in Venezuela but allegedly also German nationals due to ius sanguinis. SHCA was ultimately controlled by Messrs. (“SHCA”) owned a land called “La Salina,” in Carabobo, Venezuela. 2017-18), the company Sucesión Heemsen, C.A. Thus, it seems that the passports’ game is reaching its end.Īccording to the jurisdictional award dated Octo(PCA Case No. Their dominant and effective nationality was the Venezuelan one therefore, they were not allowed to bring claims against their home state, Venezuela. Showing their German passports and nationality certificates was not enough for the Heemsens. Despite a treaty’s silence on this issue, what matters are the principles of international law, including the dominant and effective nationality as the one that governs the issue. The award makes clear that the lack of an express prohibition of dual nationals’ claims in the relevant treaty is not enough to sustain that such types of claims were consented by the parties. Enrique and Jorge Heemsen against Venezuela, not only because of lack of jurisdiction ratione voluntatis, since Venezuela did not consent the arbitration to be settled by an UNCITRAL tribunal, but most important – for the sake of this post – because of lack of jurisdiction ratione personae, since the Treaty between the Republic of Venezuela and the Federal Republic of Germany for the promotion and reciprocal protection of investments (the “Treaty”) does not allow claims brought by nationals of both states.
Unanimously, a PCA tribunal declined jurisdiction over the claims brought by Messrs.
Venezuela jurisdictional award confirms this approach. In a previous post, which discussed the Ballantines award, the author concluded that doors for dual nationals’ claims are being closed, including for non-ICSID cases where the relevant treaty does not have a provision dealing with the issue.
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