Article 25 of the ICSID Convention, which draws the outer limits for the exercise of ICSID jurisdiction, does not define the concepts of "nationality" and "investment." Aaron Broches, the principal…
As previously reported, in a decision rendered on 15 April 2009, an ICSID Tribunal declined jurisdiction to hear claims submitted by Phoenix Action Ltd ("Phoenix") against the Czech Republic.
Phoenix…
In the same arbitration proceedings, the Swiss Federal Supreme Court had to decide twice -albeit based on different grounds - whether facts discovered after the issue of an award (so called "nova")…
I have been reading with interest the ILA's Final Report and Recommendation on Res Judicata and Arbitration adopted at the 2006 Toronto conference. Recommendation 2 provides that:
The conclusive and…
Given the fundamental nature of the exceptions to the recognition and enforcement under the New York Convention (the "Convention") it should not be forgotten that their application is in fact…
As arbitration continues its upward trajectory in the world of dispute resolution, eyes have remained fixed on legal developments in China. With the significant growth of international transactions…
Following on from Patrick Dumberry's post, I wanted to offer some information on another pending investor-state dispute where a version of the persistent objector argument has arisen.
There is an…
The question of the existence of legal protection for foreign investors under customary international law has always been controversial. States have indeed entered into BITs precisely because of the…
After several months of increasingly angry political rhetoric, and a formal green-light from the country’s Legislature, Ecuadorian President Rafael Correa has made his country the second state to…
In a decision rendered on April 15, 2009, a three-member tribunal composed of Brigitte Stern as chairperson, Andreas Bucher and Juan Fernandez-Armesto rejected Phoenix Action Ltd's ("Phoenix") claims…
