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Gramercy Funds Management LLC and Gramercy Peru Holdings LLC case studies. Issues (what is in dispute) (You are now ready to describe the opinion you
Gramercy Funds Management LLC and Gramercy Peru Holdings LLC case studies. Issues (what is in dispute) (You are now ready to describe the opinion you are briefing. In this section of the brief, state the factual and legal questions. To analyze a case properly, you must break it down to its component parts) First issue: jurisdiction: knowing if the court had the jurisdiction to hear and judge the cases. Peru didn't recognize the right of the tribunal to choose to judge the case and refuse their jurisdiction, needed to prove on each point that the tribunal can have jurisdiction. Second issue: has the Peru broke his engagement under the FTA: Gramercy estimates that the "decretos supremos" violates some article of the commerce treaty by giving right to expropriation, setting unfavorable conditions to Gramercy compared to peruvian company. According to gramarcy, Peru has broken article 10.3,10.4, 10.5 and 10.7 of the treaty (articles about the investors and the fact that they should be treated equally, the article 10.7 prevent nationalization and expropriation). Third issue: problem of the bond land of Gramercy funds management. Was the original problem: Gramercy bought land bonds that the Peruvian government was supposed to pay back. But the two parties didn't agreed on the amount.
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