ICSID Arbitration

Anees Naim (Herbert Smith Freehills LLP)

Criminal Proceedings and Provisional Measures in ICSID Arbitrations: The Legitimate Exercise of a State's Police Powers Versus the Ability to Advance Claims in Arbitration

April 30, 2016

In two recent cases, ICSID tribunals have been asked to consider applications for provisional measures relating to criminal proceedings initiated against the claimants. On 3 March 2016, the tribunal…

Ignacio J. Minorini Lima (Bruchou, Fernandez Madero & Lombardi Abogados) , Leandro Caputo (Bruchou, Fernández Madero & Lombardi)

First Argentine Court Judgment on the Recognition of an ICSID Award

March 15, 2016

Bruchou, Fernandez Madero & Lombardi Abogados Until recently, recognition and enforcement of investment awards remained untested before Argentine courts. This changed in 2015. On August 18, 2015,…

Jeffery P. Commission (Vannin Capital )

How Much Does an ICSID Arbitration Cost? A Snapshot of the Last Five Years

February 29, 2016

In recent years, ICSID has provided an increasing level of detail and transparency about the practice and procedure of ICSID Convention and ICSID Additional Facility arbitrations. The ICSID…

Gordon Blanke (Blanke Arbitration LLC)

ICSID Tribunal dismisses investment treaty claims against Oman (Part II): The substantive claims

January 2, 2016

This is Part II of a previous blog, discussing a recent Award dated 27 October 2015 rendered in ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman and dismissing all claims…

Gordon Blanke (Blanke Arbitration LLC)

ICSID Tribunal dismisses investment treaty claims against Oman (Part I): The facts and jurisdictional claims

December 31, 2015

By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International Convention for…

Juan Carlos Herrera Q. (Flor & Hurtado)

Oxy vs Ecuador: Chronicle of a Death Foretold

December 4, 2015

by Juan Carlos Herrera Q. Puente & Asociados In the middle of a short holiday, the Ecuadorian Government anxiously expected the Decision on Annulment issued by the Ad-hoc Committee regarding the…

Sergio Puig (University of Arizona, James E. Rogers College of Law )

The Social Cost of Secrecy in International Investment Arbitration

November 18, 2015

The issue of transparency is hardly a new topic in legal scholarship addressing international arbitration. Last year, in an important contribution to this blog, Loukas A. Mistelis broke with the…

Ioannis Glinavos (School of Law, University of Westminster)

Digging Up the Past: Can Greece Handle Another PSI Challenge?

October 20, 2015

While everyone has been watching with fascination the ups and downs of the Greek crisis, colleagues have been busy in the background trying to unravel some core components of the Greek Bailouts. The…

Clovis Trevino (Covington and Burling LLP)

Treaty Claims by Dual Nationals: A New Frontier?

October 8, 2015

For natural persons, possession of the nationality of the host state is an absolute bar to becoming a party to ICSID proceedings against that state. Article 25 of the ICSID Convention delimits the…