Arbitration Notes
Tag: icsid arbitration
Showing 35 out of 35 results
Tribunal navigates the procedural minefield in Abaclat v Argentina, issuing its 17th procedural order
On 8 February 2013, the majority of the tribunal in the famous Abaclat and Others v Argentina case issued its 17th procedural order. The first such order …
Partial annulment of ICSID award against Chile
In the latest instalment of the Victor Pey Casado and Foundation "Presidente Allende" v Republic of Chile saga, an ad hoc committee (the Committee) has …
The Law of State Responsibility: University's conduct not attributable to Ukraine
In an Award on jurisdiction and liability published on 25 October 2012, an ICSID Tribunal dismissed the claims brought by US investors Bosh …
Record Award Against Ecuador Demonstrates Willingness of Tribunal to Review State Decisions on Grounds of Proportionality
In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID …
Consistently inconsistent: another contrasting decision on 'Most Favoured Nation' provisions, another split decision
In Daimler Financial Services AG v Argentine Republic, an ICSID tribunal considered whether Daimler, a German investor, could rely on the 'most favoured …
ICSID tribunal takes jurisdiction over 60,000 bondholder claims against Argentina for sovereign debt default
In its decision of 4 August 2011, a majority tribunal took a monumental decision to accept a "mass claim" under the ICSID rules in relation to …
ICSID – repeat appointments potentially relevant to applications for disqualification of an arbitrator
In OPIC Karimum v Venezuela the claimant, OPIC, requested the disqualification of the arbitrator appointed by Venezuela, Professor Philippe Sands, on the …
ICSID - first two successful challenges by States under ICSID's summary dismissal procedure
In 2006, the ICSID Rules were amended to introduce Rule 41(5), which allows a party to raise a preliminary objection that claims brought against it are …
Investment Treaty - failure to observe treaty's cooling off period results in tribunal declining jurisdiction
In a decision in December 2010, an ICSID tribunal in Murphy v Ecuador ruled that it did not have jurisdiction due to the claimants' failure to comply …
Venezuela - international tribunal confirms that Article 22 of the Venezuelan Investment Law does not constitute consent to ICSID arbitration
At the end of December 2010, in a decision that will be of interest to international companies doing business in Venezuela, an ICSID tribunal in the case …
Temporal arguments exclude majority of construction company's claims under Turkey/Jordan BIT
TA v Jordan concerned a claim relating to interference with an arbitration award by the Jordanian courts. A tribunal constituted under the ICSID Rules, …