Arbitration, BIT, Damages, ICSID Convention, International arbitration, International Law, Latin America, Manifest disregard of the law

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Institute for Transnational Arbitration (ITA)

By Tai-Heng Cheng* & Lucas Bento** Introduction On October 5th, 2012, a split ICSID tribunal determined that the Republic of Ecuador had breached the US-Ecuador bilateral investment treaty (“BIT”), and awarded damages of US$1.77 billion (US$2.3 billion with interest applied), reportedly the largest award ever to have been issued by an ICSID tribunal. This award…

Annulment, ICSID Convention, Investment Arbitration

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Institute for Transnational Arbitration (ITA)

This blog post ventures preliminary views on current critiques about ICSID annulments, and sketches out a few ideas that may merit further exploration. Some recent annulment decisions questioned ICSID awards but did not annul them because the high standard for annulment was not met. There are states and investors who now worry that should they…

Investment Arbitration, Other Issues

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Institute for Transnational Arbitration (ITA)

In the last month, two professors mused to one of the authors that “international investment arbitration is undertheorized”. One of the professors is a serious scholar of international law. The other professor was a former clerk at The Hague and writes about international investment arbitration. Their comment got us thinking: Is international investment arbitration undertheorized?…