ICSID

ICSID, ICSID Arbitration, ICSID Convention, International Court of Justice, Jurisdiction, Jurisdiction of the arbitral tribunal, Venezuela

(Wilmer Cutler Pickering Hale and Dorr)/ /Leave a comment

This Post analyzes the recent award in Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (“Favianca”). This is the first award to rely on Article 72 of the ICSID Convention to decline jurisdiction over a claim filed after Venezuela had noticed it would denounce the ICSID Convention…

Arbitration, Energy, Energy Charter Treaty, ICSID, UNCITRAL

(Quinn Emanuel Urquhart & Sullivan LLP)/ /Leave a comment

2017 has witnessed a boom in the number of international arbitrations in the energy sector. This is no surprise. Indeed, at the end of 2016, ICSID’s caseload-statistics reported that 42% of cases administered by ICSID arose from the energy sector, which was more than any other sector. As anticipated, this rise has continued throughout 2017….

ICSID, ICSID Arbitration, Spain

(Bottega Di Bella)/ /Leave a comment

A court of a Contracting State shall recognize an ICSID award as binding and enforce pecuniary obligations per that award within its territory as if it were a final judgment of the court in that State. The enforcement creditor is not required to obtain a declaration of enforceability (viz. the exequatur). At the same time,…

Enforcement, ICC Rules, ICSID, SCC Rules, SIAC, Summary procedure

and (NALSAR University of Law)/ /Leave a comment

On 30 October 2017, the ICC Court announced yet another measure to tackle the twin problems of time and costs in arbitration, through the immediate disposition of manifestly unmeritorious claims commonly known as summary determination. The ICC Court implemented this measure in the form of an update to its Practice Note to Parties and Arbitral…

Diversity, ICSID, ICSID Arbitration, ICSID Convention, The Pledge

(Richmond School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

On 15 September 2017, the Chairman of the Administrative Council of the International Centre for Settlement of Investment Disputes (ICSID) designated new members to the Panel of Arbitrators and the Panel of Conciliators. This is momentous. For the first time, the lists contain an equal number of female and male members, and a geographical diversity…

Annulment, BIT, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Zimbabwe

(NL-Investmentconsulting)/ /Leave a comment

Recently, it was reported that after 14 years since Zimbabwe had illegally evicted Dutch farmers from their farms, it finally agreed to pay the damages awarded under the ICSID award, which dates back in 2009. In the Funnekotter et al case, the arbitral tribunal rejected Zimbabwe’s necessity defence, which was based on the claimed need…

Albania, Arbitration, Courts, Criminal law and arbitration, England, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, Provisional measures

(Doughty Street Chambers)/ /Leave a comment

Since the first application for provisional measures suspending criminal proceedings in Tokios Tokelés v. Ukraine (ICSID Case No. ARB/02/18, Order No. 3, 18 January 2005), the number of applications before ICSID tribunals for these types of measures has steadily increased. Recent applications have been widely commented on in the arbitration community, including in this blog….

Arbitration, Arbitrator's mandate, Arbitrators, Costs, Counsel conduct, IBA Guidelines on Party Representation, ICC, ICSID, Independence and Impartiality, LCIA Arbitration, New York Convention

(White & Case LLP)/ /1 Comment
Institute for Transnational Arbitration (ITA)

The 29th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on 14-15 June 2017 in Dallas, focused on a timely subject of much importance to the future of international arbitration, namely, the “Challenges to the Legitimacy of International Arbitration.” The event was co-chaired by Caline Mouawad (King & Spalding), Jeremy K….

Argentina, Awards, BIT, foreign direct investment, ICSID, ICSID Arbitration, Insurance, International arbitration, Investor, Investor-State arbitration, Jurisdiction, Political Risk Insurance

(Fangda Partners) and (CMS Hong Kong)/ /Leave a comment

“And the day came when the risk to remain tight in a bud was more painful than the risk it took to blossom.” (Anaïs Nin) Introduction and background On 12 July 2017, CMS Hong Kong and the Hong Kong International Arbitration Centre (HKIAC) hosted the fourth joint lecture in their quarterly series focusing on the…

Energy, Energy Charter Treaty, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor

(Bocconi University)/ /Leave a comment

The ICSID Tribunal in the case Eskosol S.p.A. in Liquidazione v. Italian Republic (ICSID Case No.ARB/15/50) has recently issued a Decision on Respondent’s Application under Rule 41(5) of the ICSID Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter…

Arbitration Institutions and Rules, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS

(Stockholm University)/ /2 Comments

In October 2016, the ICSID advised the Member States of the ICSID Convention that it was beginning the fourth amendment process since the enactment of the definitive ICSID Arbitration Rules in 1967. The first amendment to the Rules took place in 1984 and mainly referred to the possibility to resort to national courts for provisional…

Arbitration, China, ICSID, Investment Arbitration, Rule 41(5)

(The George Washington University Law School)/ /Leave a comment

On March 9, 2017, a three-person ICSID Tribunal rendered an Award in Ansung Housing Co., Ltd. v. People’s Republic of China.  The case marks the second time where China appears as a Respondent before an ICSID tribunal.  The first case was brought by a Malaysian company in May 2011, but that case was discontinued on…