ICSID Convention

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the…

With the release of the Dissenting Opinion in Abaclat v. Agentina, we now have the benefit of a forceful critique of the majority’s decision that the Abaclat Tribunal has jurisdiction to hear the…

and Sandrine Giroud, Lalive In a decision issued on 23 November 2011, the Swiss Federal Supreme Court gave some welcome guidance on the rules of immunity applicable to the enforcement of ICSID awards…

At the time the General Assembly of the United Nations was deciding to include in the agenda of its fifty-sixth   session the text of the Draft Articles on Responsibility of States for…

As we approach the first anniversary of the UK Supreme Court's landmark decision in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan,…

In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the claims were…

My previous post described years of apparently intractable debate between two opposing camps of international lawyers about what kinds of economic activity should get international investment…

My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article to argue that this…

In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call…