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March 10, 2014


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Can Panama get compensation?

Unclear. In practice, the exporters can probably take the importers to arbitration. In practice, the importers will cry force majeure. That would leave some sort of investor-state arbitration, but Panama and the Bolivarian Republic do not have a bilateral investment treaty.

(You can find the text of most bilateral investment treaties at http://www.unctadxi.org/templates/DocSearch.aspx?id=779.)

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